Anyone know a good lawyer in traffic laws in Wisconsin who does pro bono work? I've just been served notice of a 3,000.00 bond to pay for damages to the jackass's car.
There is no fucking way they can make this stick. I think they're just trying to scare you, because there is no fucking way this jackass is not the one at fault for the accident.
I think you should fight it, even without a lawyer. As the plaintiff, the burden of proof is on him. Go to whatever court your notice was from and ask for the clerk of the court and tell hir your situation. They're very good at helping pro se litigants (or in my case, ignorant student attorneys *g*) navigate their away around the system. You mentioned the police were involved; that means there's a police report, which is public record.* Unless that report says you were primarily at fault and he was not contributorily negligent, there's no way you should have to pay his bills, considering your car was totaled and you ate your damages. Granted I'm not familiar with your state's laws, but I'm pretty sure that's right. In fact, you should ask about filing a counter-claim against him, though that may be harder to do since your car is gone and you can't prove the damages - again, I don't know, but it's worth asking.
*You'll want to get the officer who made the report to testify, or get a notarized statement from him if he can't do that. That's not hard to do, and the clerk can help you. Good luck!
Thank you. I've made myself re-read the notice, like, three times, and I do have the option of requesting a hearing to see if I'm actually liable. (scarily, I can even email them regarding this. O.o)
I am, however, making notes of all of this even if I don't end up filing a counter-claim.
Call your insurance company's claims line. (What insurance do you have?) See if this is the sort of thing that they handle. Many insurance companies defend their clients for free as part of their insurance coverage.
Oh, hell, I'm sorry. :( I must've missed it when you've talked about it. My understanding is that he should be able to get the money from his insurance company.
I'm glad you've decided to fight it. Maybe there's a pro bono legal aid clinic you can go to?
I'm so sorry this is all happening to you. And reading through your earlier entries, yeah, it definitely sucks that if you try to be honest in giving your statement and the other driver lies through his teeth, the insurance takes them at their word. I've been there.
My gut instinct with this would be to go on the offensive. Get a lawyer that handles accidents like this and see if he or she thinks you have enough of a case to go sue the other driver for your damages. If so, they should work on contingency.
AAARGH! What a fuckwit! I have no useful advice to offer, but I will scowl at the next member of the Fraternity of Assholes that I see, on your behalf.
I know you don't have the car anymore and it was totaled, but make sure you have or get some sort of description of the damages. Like if you got an estimate for repair that was more than the car is worth,or something like that? Your receipt from when the car was totaled? I don't know if it's possible but if you have pictures of the car afterward. Some sort of documentation anyway would be very handy.
And then I would try what Allie suggests, if finding a pro bono atty doesn't work. (or contingency based, but not too many will take it for what amounts to small claims for you). And yeah, some sort of legal aid place might help - you do all your own filing, but they can assist you in what to do.
![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
no subject
no subject
no subject
no subject
no subject
no subject
no subject
no subject
no subject
I think you should fight it, even without a lawyer. As the plaintiff, the burden of proof is on him. Go to whatever court your notice was from and ask for the clerk of the court and tell hir your situation. They're very good at helping pro se litigants (or in my case, ignorant student attorneys *g*) navigate their away around the system. You mentioned the police were involved; that means there's a police report, which is public record.* Unless that report says you were primarily at fault and he was not contributorily negligent, there's no way you should have to pay his bills, considering your car was totaled and you ate your damages. Granted I'm not familiar with your state's laws, but I'm pretty sure that's right. In fact, you should ask about filing a counter-claim against him, though that may be harder to do since your car is gone and you can't prove the damages - again, I don't know, but it's worth asking.
*You'll want to get the officer who made the report to testify, or get a notarized statement from him if he can't do that. That's not hard to do, and the clerk can help you. Good luck!
no subject
I am, however, making notes of all of this even if I don't end up filing a counter-claim.
no subject
*growls at jerkass*
Remember, the burden of proof is on the one making the claim.
no subject
no subject
(E-mail me if you want more information.)
no subject
no subject
I'm glad you've decided to fight it. Maybe there's a pro bono legal aid clinic you can go to?
no subject
no subject
no subject
no subject
My gut instinct with this would be to go on the offensive. Get a lawyer that handles accidents like this and see if he or she thinks you have enough of a case to go sue the other driver for your damages. If so, they should work on contingency.
no subject
Sadly, I have no advice.
no subject
no subject
no subject
omg meep.
no subject
And then I would try what Allie suggests, if finding a pro bono atty doesn't work. (or contingency based, but not too many will take it for what amounts to small claims for you). And yeah, some sort of legal aid place might help - you do all your own filing, but they can assist you in what to do.
*snugs*
no subject
no subject
DL
no subject
http://www.lasmilwaukee.com/
Give them a call and ask them. It's not in their area of expertise, but they should most assuredly be able to point you to someone who can.
You can ask at the Clerk's office for a court-appointed lawyer as well. But I'd fight this.
I'm around if you need me.
no subject