Chapter Trans 100

Trans 100.025(1)(i) (i) One or more doors or any part of the load of a parked vehicle extends into an adjoining space intended for vehicular travel and an accident occurs as a result of that extension.

Trans 100.025 Note Note: Accidents may be the result of “acts of God,” or negligence or intentional acts. s. Trans 100.02 (1).

Trans 100.025(2) (2) Except as provided in sub. (1) (i), the operator of a vehicle shall be considered to not have been involved in an accident if the vehicle was legally parked at the time of any damage to the vehicle.

Trans 100.025 History History: CR 01-156: cr. Register October 2005 No. 598, eff. 11-1-05.

Trans 100.03 Trans 100.03 Reporting an accident.

Trans 100.03(1) (1) In this section, “reportable” refers to an accident in which the minimum damage requirements of s. 346.70, Stats., are met or exceeded, and for which reporting the accident is mandatory under that section, or an accident to which the safety responsibility law applies under s. 344.12, Stats.

Trans 100.03 Note Note: Section 346.66, Stats., makes the accident reporting requirements of s. 346.70, Stats., applicable only as follows:

Trans 100.03 Note 346.66 Applicability of sections relating to accidents and accident reporting. In addition to being applicable upon highways, ss. 346.67 to 346.70 are applicable upon all premises held out to the public for use of their motor vehicles, all premises provided by employers to employees for the use of their motor vehicles and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof. These sections do not apply to private parking areas at farms or single-family residences or to accidents involving only snowmobiles, all-terrain vehicles or vehicles propelled by human power or drawn by animals.

Trans 100.03 Note Section 344.12, Stats., makes the safety responsibility law apply as follows:

Trans 100.03 Note 344.12  Applicability of provisions relating to deposit of security for past accidents. Subject to the exceptions contained in s. 344.14, the provisions of this chapter requiring deposit of security and requiring suspension for failure to deposit security apply to the operator and owner of every motor vehicle which is in any manner involved in an accident in this state which has resulted in bodily injury to or death of any person or damage to property of any other person of $1,000 or more.

Trans 100.03(1m) (1m) A law enforcement agency investigating a reportable accident involving a vehicle shall report the accident to the department as required under s. 346.70 (4), Stats. If a law enforcement agency does not investigate and report the accident within 10 days after the accident, the operators of the vehicles involved in the accident shall report the accident to the department as required under s. 346.70 (2), Stats. The department may accept or require a report of the accident to be filed by the occupant or the owner in lieu of a report by the operator.

Trans 100.03 Note Note: Forms MV 4000 Wisconsin Motor Vehicle Accident Report and MV 4002 Driver Report of Accident.

Trans 100.03(2) (2) Persons misidentified as an operator in a law enforcement report may file a written report with the department regarding that fact. Upon receipt of such a report, the department shall require the person claiming to have been misidentified to do either of the following:

Trans 100.03(2)(a) (a) Have the agency that filed the report file an amended law enforcement agency report with the department.

Trans 100.03(2)(b) (b) Provide the department with a copy of court findings meeting any of the following criteria:

Trans 100.03(2)(b)1. 1. From any type of proceeding that identifies the true operator of the vehicle at the time of the accident.

Trans 100.03(2)(b)2. 2. From a criminal, traffic forfeiture or civil proceeding that concludes the person was not a vehicle operator involved in the accident.

Trans 100.03(2)(b)3. 3. From a civil court proceeding related to establishing liability issues related to the accident that the court cannot determine whether the person was the operator of a vehicle involved in the accident.

Trans 100.03(2m) (2m) If a person filing a report under sub. (2) does not meet one of the requirements of sub. (2) (a) or (b), the department shall accept the identification of the operator in the original police report as correct. If all operators involved in an accident that was reported by a person other than a police agency and all owners of vehicles involved in that accident stipulate that a person was misidentified in an accident report and identify another person as the actual operator, the department may accept the newly identified person as the actual operator of the vehicle and release the misidentified person from further responsibility under this chapter. In all other cases involving the identification of an operator in an accident report, the department shall make a determination of the accuracy of the identification of the operator based on the credibility of the evidence submitted at hearing.

Trans 100.03(3) (3) The department shall assume that all accident reports it receives from enforcement agencies or operators meet the reporting criteria of s. 346.70 (1), Stats., or the minimum requirements for safety responsibility act under s. 343.12, Stats. An accident report filed by a police agency for an accident that is not reportable shall be returned to the reporting agency. A report from another source for an accident that is not reportable shall be discarded. If the department determines from credible evidence received, which could include property damage estimates or signed statements, that an accident that has been abstracted as part of a driver’s record is not reportable, the accident will not be included in a public abstract of the driver’s driver record maintained under s. 343.23, Stats.

Trans 100.03 Note Note: On the current Wisconsin Motor Vehicle Accident Report form, MV4000, reporters indicate whether they believe an accident is reportable by so indicating in Box 1 of the form.

Trans 100.03(4) (4) The department may not suspend a person’s operating privilege or motor vehicle registration for failure to file an accident report, under s. 344.08, Stats., if no further information is needed from the person who failed to file the report.

Trans 100.03 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; r. and recr. (1) and (3), am. (2), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: renum. (1) to be (1m) and am., (4) renum. from Trans 100.14 (1) and am., cr. (1) and (2m), r. and recr. (2), am. (3) Register October 2005 No. 598, eff. 11-1-05.

Trans 100.04 Trans 100.04 Required accident information.

Trans 100.04(1) (1) Accident report form required. Under s. 346.70 (2), (3m) and (4), Stats., the police, operator, owner or occupant shall complete and submit all accident information requested on the forms or in the automated format approved by the department.

Trans 100.04 Note Note: Forms MV 4000 Wisconsin Motor Vehicle Accident Report and MV 4002 Driver Report of Accident.

Trans 100.04(2) (2) Incomplete reports. The department may accept an accident report with incomplete accident information if the information is provided to the department from another credible source or is not available.

Trans 100.04(3) (3) Lack of insurance reported. When any accident report or notice from a person or insurer filed with the department within one year of an accident indicates that an operator or motor vehicle involved in an accident had no liability insurance coverage in effect at the time of an accident, the department may require the operator or owner, or both, to do one of the following:

Trans 100.04(3)(a) (a) Deposit security under s. 344.13, Stats.

Trans 100.04(3)(b) (b) Provide evidence that a policy was, in fact, in effect.

Trans 100.04(3)(c) (c) Provide evidence that the accident is exempt from the requirements of s. 344.14 (1) and (1m), Stats.

Trans 100.04 Note Note: See s. 344.14 (2), Stats.

Trans 100.04(4) (4) Incomplete insurance information. If the liability insurance company name or policy holder’s name, or both, are absent from the accident report form, the department may contact the operator or owner, or both, to obtain additional insurance information. If the operator or owner provide complete insurance information, the department shall assume that the liability insurance policy specified by the owner or operator was in force at the time of the accident.

Trans 100.04(5) (5) Self-insured persons. If a motor vehicle owner is self-insured under s. 344.16, Stats., the department may mail notice of the self-insurance to the address furnished by the self-insured owner. The department shall assume that the operator of the motor vehicle is exempt under s. 344.14 (2) (d), Stats., from the security requirements unless the self-insured person notifies the department otherwise within 30 days of mailing or other information is received by the department indicating that the self-insured certificate does not apply to the operator.

Trans 100.04(6) (6) Absence of policy holder name on report. If a liability insurance company name is listed on the accident report, but a policy holder’s name is not, and the operator and owner of the motor vehicle involved in the accident are the same person, the department will assume that a valid policy with the liability insurance company specified on the accident report form was in force at the time of the accident for the owner listed.

Trans 100.04(7) (7) Requesting additional information. The department may contact the operator of a motor vehicle involved in an accident, its owner, or both persons, for additional insurance information at any time. If the operator or owner provides insurance information, the department may verify the credibility of the information by contacting the insurance company listed. If an insurer determines that the operator or owner who provided the insurance information is not insured, or denies coverage for the claim, the insurer shall immediately notify the department of the person’s uninsured status.

Trans 100.04 Note Note: Form T062—Request for Complete Insurance.

Trans 100.04 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85: r. and recr. (1), am. (2), renum. (3) and (4) to be (4) and (5) and am., cr. (3), (6), (7), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: am. (3) to (7) Register October 2005 No. 598, eff. 11-1-05.

Trans 100.05 Trans 100.05 Recording accident on operator’s record.

Trans 100.05(1) (1) All accidents in which the operator was involved shall be identified on a public driver record abstract prepared under s. 343.23 (2), Stats., unless any of the following apply:

Trans 100.05(1)(a) (a) The vehicle was legally parked as described in s. Trans 100.025 (2).

Trans 100.05(1)(b) (b) The accident did not meet the criteria requiring reporting to the department under s. 346.70 (1), Stats.

Trans 100.05(2) (2) If a law enforcement officer, fire fighter, emergency medical technician, first responder, or winter highway maintenance worker is involved in an accident in the course of that employment, any person filing an accident report shall note that the person involved in the accident was on duty at the time of the accident. The department shall note that on-duty status on a public abstract of the on-duty operator’s driver record with the entry related to the accident.

Trans 100.05 Note Note: See s. 343.23 (2), Stats. See also s. Trans 100.02 for the definitions of law enforcement officer, EMT, first responder, winter highway maintenance worker and fire fighter.

Trans 100.05(3) (3) Notwithstanding sub. (1), a law enforcement officer, emergency medical technician, first responder or fire fighter may request a reportable accident not be reported on a public abstract of their driver record by submitting the approved form. The licensee must show that one or more of the following conditions existed at the time of the accident:

Trans 100.05(3)(a) (a) The operated vehicle was legally parked under the exemptions of s. 346.03, Stats., and the flashing, oscillating or rotating warning lights were in use.

Trans 100.05(3)(b) (b) The operator of the emergency vehicle intentionally collided with the other vehicle.

Trans 100.05(3)(c) (c) The operator of the other vehicle intentionally collided with the emergency vehicle.

Trans 100.05 Note Note: Form MV 3347--Emergency Vehicle Involvement. Highway maintenance workers are not eligible for suppression of an accident report under this subsection.

Trans 100.05 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; renum. Trans 100.05 to be (1), cr. (2), (3), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: am. (1), (2) and (3) (intro.), (b) and (c) Register October 2005 No. 598, eff. 11-1-05; CR 22-048: am. (3) (intro.) Register July 2023 No. 811, eff. 8-1-23.

Trans 100.06 Trans 100.06 Determining the reasonable possibility of a judgment.

Trans 100.06(1) (1) The department may use any of the following sources of information to determine whether an uninsured operator or owner, based on a preponderance of evidence, is exempt under s. 344.14 (2) (k), Stats., from the security requirements of ch. 344, Stats.:

Trans 100.06(1)(a) (a) Operator reports of accidents.

Trans 100.06(1)(b) (b) Law enforcement agency reports of accidents.

Trans 100.06(1)(c) (c) Other information, such as statements of witnesses to the accident and supplementary reports from the investigating law enforcement agency.

Trans 100.06(1)(d) (d) Records of convictions or other information on file with the department.

Trans 100.06(1)(e) (e) Accident reconstruction reports.

Trans 100.06(1)(f) (f) Notices of payment of claims issued by insurance companies.

Trans 100.06(1)(g) (g) Coroner reports, except blood test results received by the department under s. 346.71 (2), Stats.

Trans 100.06 Note Note: Blood test results obtained from police reports or other sources may be considered by the Department.

Trans 100.06(1)(h) (h) Investigator reports.

Trans 100.06(2) (2) An uninsured operator or owner may not be required to deposit security when there is no reasonable possibility of a judgment being rendered against the uninsured operator. The department may consider the following in making that determination:

Trans 100.06(2)(a) (a) Whether the person committed a violation of any rule of the road set out in ch. 346, 347, 348 or 350, Stats.

Trans 100.06(2)(b) (b) Whether the person failed to exercise ordinary care, based on information from the sources listed in sub. (1).

Trans 100.06(2)(c) (c) Notices of payment of claims from insurance companies.

Trans 100.06(2)(d) (d) Investigator reports.

Trans 100.06(2)(e) (e) Any other relevant evidence provided by witnesses or the parties.

Trans 100.06(2)(f) (f) Coroner reports.

Trans 100.06 Note Note: See s. 344.14 (2) (k), Stats.

Trans 100.06(3) (3) If the department requires a person to deposit security under s. 344.13, Stats., and, after receiving additional information, determines that no reasonable possibility of a judgment finding the person liable exists, the department may rescind the security requirement. The department may accept any evidence of probative value including the types of evidence identified in sub. (1). The department may not rescind the security requirement solely because the owner, operator or other person who posted the bond files a bankruptcy petition. In the event of a bankruptcy proceeding involving an owner, operator, or person who filed a bond, the department shall retain the bond pending determination of liability for the accident and damages caused, and the application of the bond proceeds toward the judgment amount, regardless of whether the bankrupt debtor remains personally liable for that debt.

Trans 100.06 Note Note: Where the Department has received a safety responsibility bond, it holds that bond in trust for the victims of the accident. No bond shall be released upon the filing of a bankruptcy, but shall be held in trust for the benefit of the injured parties. The injured parties may commence a suit to determine liability of the bankrupt debtor and to recover from the trust res.

Trans 100.06 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; am. (1) (intro.), (2) (intro.), r. (3), renum. (4) to be (3), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: am. (1) (intro.), (a) and (b), (2) (intro.), (a) and (b) and (3), cr. (1) (d) to (h) and (2) (c) to (f) Register October 2005 No. 598, eff. 11-1-05.

Trans 100.07 Trans 100.07 Determination of security amount.

Trans 100.07(1) (1) Definitions. In this section, “evaluation report” means an evaluation of personal injury report, evaluation of property damage report or evaluation of motor vehicle damage report submitted by a person to the department to document the amount of a claim resulting from an accident.

Trans 100.07 Note Note: Forms MV 3656 evaluation of personal injury report, MV 3657 evaluation of property damage report and MV 3658 evaluation of motor vehicle damage report, are provided to persons in appropriate cases by the Division of Motor Vehicles Uninsured Motorist Unit, P. O. Box 7999, Madison, WI 53707-7999, [phone].

Trans 100.07(2) (2) Evaluation reports.

Trans 100.07(2)(a) (a) If the department determines that one or more people involved in an accident were uninsured, the department may mail evaluation reports to all other persons involved in the accident. The date on which the department first mails evaluation reports to any person shall be considered the “mailing date” under this subsection. The department shall mail the evaluation reports to the address provided in the accident report.

Trans 100.07(2)(b) (b) In determining the amount of security required:

Trans 100.07(2)(b)1. 1. The department shall consider evaluation reports filed with the department within 21 days of the mailing date.

Trans 100.07(2)(b)2. 2. The department may consider an evaluation report filed with the department more than 21 days after the mailing date if it meets all of the following requirements:

Trans 100.07(2)(b)2.a. a. No final determination of the amount of security required has been made.

Trans 100.07(2)(b)2.b. b. The report is received by the department within one year of the accident date.

Trans 100.07(3) (3) Elements of a claim.

Trans 100.07(3)(a) (a) The department may consider court costs, which are reasonably estimated or determined, but do not exceed $500.00, when determining the amount of security to be deposited under s. 344.13 (1) and (2), Stats.

Trans 100.07(3)(b) (b) The department may consider the following documentation in support of a claim in setting the amount of security required under s. 344.13, Stats., for a personal injury:

Trans 100.07(3)(b)1. 1. A certification of personal injury, completed by a person skilled in the evaluation of personal injuries.

Trans 100.07 Note Note: Form MV 3466—Evaluation of Personal Injuries.

Trans 100.07(3)(b)2. 2. A certification of loss of wages as a result of the accident based on written information provided by the claimant’s employer.

Trans 100.07(3)(b)3. 3. A computation of an amount sufficient to satisfy a court award for pain and suffering of the injured person. The department may consider the following factors when computing an amount for pain and suffering: