In Wisconsin, personal injury claim of the passenger, almost always have a better claim than anyone! So why are they so often overlooked?
A passenger in a personal injury accident often overlooks their own claim against the other driver or even the driver of the car they were in. Simply put, under Wisconsin law, a passenger in a vehicle (barring anything crazy, like grabbing the wheel) is always ZERO percent liable for the accident. As a result the passenger has a great claim for any injuries they suffered as a result of the crash.
Often an injured passenger is reluctant to make a claim against the driver of the car they were in as the driver may have been a parent, spouse, friend or brother/sister. By making a claim you are not “suing my friend”. This situation is exactly why your driver has insurance!! A huge percent (I would estimate 95%) of passenger claims settle way before a suit is filed. Further, the value of the claim to the injured passenger would almost certainly be far greater than any increase in insurance rates that may occur. So making an insurance claim is a net gain.
Insurance companies will often try to take advantage of the injured passenger’s good nature. “You don’t want to sue your husband do you?” Do not be fooled!!! They will tell you anything to dissuade you from making a claim. Before you make any decision on your claim consult an experienced lawyer!! If the first lawyer you saw said “Oh, the passenger has no claim, they can’t sue their wife.” YOU NEED A BETTER LAWYER.
Call Daniels and McAvoy for a FREE CONSULT to find out if you have a case. Always NO LEGAL FEE UNLESS WE RECOVER FOR YOU!