Do I need an attorney

UPDATED: Sep 30, 2022

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Do I need an attorney

Had a car accident on 8/5/2016. The other driver ran a stop sign and hit me. She was given a citation but her insurance company still has not accepted liability. I was also taken by ambulance so there will be medical bills. I have also had to miss work. They have refused to provide a rental car so far. I’m so frustrated.

Asked on August 9, 2016 under Accident Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You will need to sue if the at-fault driver and/or their insurer will not pay you: when at-fault side does not voluntarily accept fault and pay, a lawsuit (proving they were at fault in court) is how you make them pay. If the amount at stake is less than the limit for small claims court, sue them in small claims court for your various costs and losses, acting as yor own attorney ("pro se"), since otherwise, the cost of the lawyer could eat up anything you hope to recover. If the amount at stake is more than the small claims limit, then while you legally may act as your own lawyer in "regular" (not small claims; e.g. county) court, it would be worth your while to hire a lawyer, since having a lawyer will greatly increase your chance of winningand/or help you to recover more money than you'd get on your own. You can sue for medical costs (any costs not paid by your health insurance), lost wages, the damage to your car, etc. You sue the at-fault driver, not her insurer. You should be able to use her messages and expressions of guilt as evidence in your case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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