Chapter Trans 100

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:

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.b. b. The age of the injured person.

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)(b)3.e. e. The length and type of temporary or permanent disability.

Trans 100.07(3)(b)3.f. f. The diagnosis of the injury.

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)(a) (a) To correct any administrative error on the part of the department.

Trans 100.07(6)(b) (b) To include the claim of a person if all of the following criteria are met:

Trans 100.07(6)(b)1. 1. The claim is filed one year or less after the accident.

Trans 100.07(6)(b)2. 2. No evaluation report was mailed to the person under sub. (2) (a).

Trans 100.07(6)(b)3. 3. The department has not suspended the uninsured person’s operating privilege.

Trans 100.07(6)(b)4. 4. The uninsured has not deposited security.

Trans 100.07 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; am. (1), (7) and (8), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: r. and recr. Register October 2005 No. 598, eff. 11-1-05.

Trans 100.08 Trans 100.08 Security deposit.

Trans 100.08(1) (1) Acceptable forms of security required under ss. 344.14 and 344.17, Stats., are any of the following:

Trans 100.08(1)(a) (a) United States currency.

Trans 100.08(1)(b) (b) A cashier’s check or draft.

Trans 100.08(1)(c) (c) A money order.

Trans 100.08(1)(d) (d) A financial institution check or draft.

Trans 100.08(1)(e) (e) A certified personal or business check or draft.

Trans 100.08(1)(f) (f) An attorney trust account check or draft.

Trans 100.08(1)(g) (g) A surety bond.

Trans 100.08 Note Note: Forms MV 3016—Security Deposit Receipt, MV 3043—Bond under Chapter 344 Stats., and MV 3385—Informational Letter to Injured Parties.

Trans 100.08(2) (2) A person other than the uninsured owner or operator may deposit security if the person specifies in writing on whose behalf the deposit is made and to whom the deposit should be returned.

Trans 100.08(3) (3) Security deposited with the department shall be held in trust for the benefit of any claimant involved in the accident. The department shall remit to the depositor any balance remaining after the termination of the security filing period and payments to claimants.

Trans 100.08(4) (4) No interest or dividends shall be paid to a depositor.

Trans 100.08(5) (5) If the owner and operator are separate persons, the deposit may be made by one of them, or they may cooperate in depositing the security. The security shall be applied to the payment of judgments or assignments for damages arising out of the accident rendered against either the operator or owner regardless of who made the deposit.

Trans 100.08(6) (6) If notice has been filed with the secretary by any claimant that a court action has been commenced by any party in interest, the security deposit shall be retained until one of the following conditions is met:

Trans 100.08(6)(a) (a) A judgment is entered and the court orders the department to apply the security deposit to the judgment.

Trans 100.08(6)(b) (b) The case is dismissed on the merits and with prejudice and the operator or owner is determined not to be liable.

Trans 100.08(6)(c) (c) The case is dismissed for any reason, has not been refiled, and more than one year from the date of deposit or the date the person’s operating privilege was suspended, whichever is later, has passed.

Trans 100.08(6)(d) (d) A judgment is entered, and a satisfaction of the judgment is filed with the department.

Trans 100.08(7) (7) A security deposit may be returned only after one of the following conditions is met:

Trans 100.08(7)(a) (a) All judgments or assignments filed with the department related to the accident have been paid and all legal actions related to the accident of which the department has received notice have been resolved.

Trans 100.08(7)(b) (b) More than one year after the date of deposit or date of suspension, whichever is later, has passed and no notice of the commencement of a court action has been filed by a party in interest. In calculating the time period under this subsection, any period of time a claimant was stayed from commencing an action against the owner, operator or bond because of a bankruptcy proceeding may not be considered.

Trans 100.08(8) (8) Final disposition of security deposits shall be made in accordance with s. 344.20, Stats. Unless otherwise specified in writing by all depositors, any security deposit remaining may be returned to any depositor by check made jointly payable to all depositors.

Trans 100.08 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; am. (1), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: am. (1) (intro.), (5), r. and recr. (3) and (4) and (6), cr. (7) and (8) Register October 2005 No. 598, eff. 11-1-05; CR 10-070: am. (1) (a), (b), (d), (e), and (f) Register November 2010 No. 659, eff. 12-1-10.

Trans 100.09 Trans 100.09 Proof of operating without permission.

Trans 100.09(1) (1) A person operating a motor vehicle shall be presumed to have done so with the express or implied permission of the owner. Any owner contesting this presumption has the burden of proving the driver did not have permission to operate the vehicle.

Trans 100.09(1m) (1m) A person shall be presumed to own a vehicle if it is titled in the person’s name. Ownership may be disputed and the presumption rebutted informally with the department or in a hearing under this chapter. The person in whose name a vehicle is titled shall have the burden of rebutting that presumption.

Trans 100.09 Note Note: See State v. Kirch, 222 Wis. 2d 598, 587 N.W.2d 919 (Ct. App. 1998); Young v. West Bend Mutual Ins. Co., 2008 WI App 147; Kruse v. Weigand, 204 Wis. 195 (1931); Knutson v. Mueller, 68 Wis. 2d 199 (1974).

Trans 100.09(2) (2) A person who operates a motor vehicle with the express permission of a person who has control of a motor vehicle has the implied consent of the owner to operate the vehicle.

Trans 100.09 Note Note: If A loans a vehicle to B, even with conditions or contractual obligations on that loan, such as not re-loaning the vehicle, and B loans the vehicle to C, C has A’s implied consent to operate the vehicle notwithstanding the conditions or agreement between A and B. A’s relinquishment of control of the vehicle to B makes A responsible for any accident in which B is involved or in which any person operating the vehicle with B’s consent is involved. Plevin v. WisDOT, 267 Wis. 2d 281 (Ct. App. 2003). A is responsible for maintaining insurance on or covering damages caused by A’s vehicle.

Trans 100.09(3) (3) Any affidavit, police report or statement of a person other than the owner contending the motor vehicle was parked or operated with the owner’s permission shall result in an initial determination that the operator did have permission to operate the vehicle.

Trans 100.09(4) (4) The owner of a motor vehicle involved in an accident is exempt from depositing security under s. 344.14 (2) (g), Stats., if the owner or the owner’s insurer produces uncontroverted proof that the motor vehicle was operated or parked without actual or implied permission at the time of the accident. Acceptable proof shall be in one of the following forms:

Trans 100.09(4)(a) (a) Written notice from the law enforcement agency where the offense occurred stating that the motor vehicle was reported stolen prior to the accident or that the law enforcement agency investigated the report and found it to be a stolen motor vehicle.

Trans 100.09(4)(b) (b) Written notice from a district attorney that the owner has filed a complaint against the operator and that the operator is being charged with operating without the owner’s consent or another crime indicating the operator’s involvement in the theft of the motor vehicle.

Trans 100.09(4)(c) (c) An affidavit signed by the operator stating that the motor vehicle was being operated without the owner’s expressed or implied consent is filed with the department. This paragraph does not apply to an owner who is the sponsor of the operator, under s. 343.15, Stats.

Trans 100.09 Note Note: This is an exclusive list of mechanisms that may be used for proving unauthorized operation of a vehicle. See Plevin v. WisDOT, 267 Wis. 2d 281 (Ct. App. 2003).

Trans 100.09(5) (5) An affidavit, filed by an insurer under s. 344.15 (4), Stats., that is signed by the owner and attests that the operator did not have permission to operate the motor vehicle at the time of the accident.

Trans 100.09(6) (6) Any affidavit made under sub. (4) (c) or (5) with respect to a leased motor vehicle shall be made by the vehicle lessee rather than the vehicle owner, unless the vehicle owner affirms that possession and control over the vehicle had transferred from the lessee to the owner by repossession or other operation of law at the time of the accident.