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(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(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(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)(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 Note
Note: Blood test results obtained from police reports or other sources may be considered by the Department.
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)(b)
(b) Whether the person failed to exercise ordinary care, based on information from the sources listed in sub.
(1).
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(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, (608) 266-1249.
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)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(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:
Trans 100.07(3)(b)3.a.
a. The location, permanency, and potential cost of cosmetic surgery of scars resulting from the accident.
Trans 100.07(3)(b)3.c.
c. The occupation and lifestyle of the injured person, if the occupation or lifestyle of the injured person will be affected.
Trans 100.07(3)(b)3.d.
d. The duration and severity of pain, and degree of consciousness of the injured party.
Trans 100.07(3)(c)
(c) The department may consider the following documentation when determining the amount of security required under s.
344.13, Stats., for property damage:
Trans 100.07(3)(c)1.
1. A certification of motor vehicle damage, not to exceed the value of the vehicle prior to the accident, completed by an authorized representative of an insurance company or body shop. If the vehicle was a total loss, a salvage dealer may complete the certification.
Trans 100.07 Note
Note: Form MV 3658—Evaluation of Motor Vehicle Damage.
Trans 100.07(3)(c)2.
2. A certification of property damage, not to exceed the value of the property prior to the accident, completed by a person skilled in the evaluation of damages to the type of property damaged.
Trans 100.07 Note
Note: Form MV 3657—Evaluation of Property Damage.
Trans 100.07(3)(c)3.
3. Credible evidence that a claimant has incurred actual towing and replacement vehicle rental costs if damages excluding those under this subdivision equal or exceed the minimum damage amount under s.
344.12 or
344.14 (2) (e), Stats.
Trans 100.07 Note
Note: The minimum damage amount under s.
344.12, Stats., is currently $1000.
Trans 100.07(3)(d)
(d) The department may consider whether a motor vehicle was being operated without permission of the owner at the time of an accident in the manner specified in s.
Trans 100.09 in connection with any claim for damages to a vehicle that was allegedly operated without the owner's permission.
Trans 100.07(4)
(4) The amount of security required when a death is involved shall be the minimum policy limits provided for under s.
344.15 (1), Stats.
Trans 100.07(5)
(5) The department shall make a determination of the amount of security required for an accident within 90 days of receiving an accident report, or at such later date as individual circumstances of an accident may require.
Trans 100.07 Note
Note: Determinations made more than 90 days after receipt of an accident report by the Department are valid. See DOT v. Warner,
102 Wis. 2d 232 (Ct. App. 1981).
Trans 100.07(6)
(6) After a final determination of the amount of security is made by the department, the amount of security required may be increased only under either of the following circumstances:
Trans 100.07(6)(b)
(b) To include the claim of a person if all of the following criteria are met:
