If I was at-fault for an accident, what is the other driver entitled to?

I ran a stop sign and hit someone with liability who is still making payments on his car. He showed up 6 weeks later at my door step wanting some money.

Asked on August 14, 2014 under Accident Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Exact amounts vary for each case, based on the exact facts, but as a general matter, if it's only property damage, an amount of money equal to the cost to repair his car, if it can be repaired (plus car rental costs, if he has to rent while it's in the shop); or if it can't be repaired, the greater of either the car's current value (it's blue book value) or the remaining amount the owner would have to pay his dealer or lender under the financing agreement (since even if the car is totalled, he still has to pay).

If there is also personal injury, he could get his medical costs; lost wages; and for serious injuries causing long-lasting disability, disfigurement, or impairment, "pain and suffering," future medical costs, and compensation for any reduction in future earning potential; this would be in addition to what he can get for the car (see above).

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