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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 5 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.
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