Wisconsin Legislature: Trans 100.07 Note

(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.

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

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

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 Determining the reasonable possibility of a judgment.

(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.:

(a) Operator reports of accidents.

(b) Law enforcement agency reports of accidents.

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

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

(e) Accident reconstruction reports.

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

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

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

(h) Investigator reports.

(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:

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

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

(d) Investigator reports.

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

(f) Coroner reports.

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

(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.

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.

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 Determination of security amount.

(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.

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.

(2) Evaluation reports.

(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.

(b) In determining the amount of security required:

1. The department shall consider evaluation reports filed with the department within 21 days of the mailing date.

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:

a. No final determination of the amount of security required has been made.

b. The report is received by the department within one year of the accident date.

(3) Elements of a claim.

(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.

(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:

1. A certification of personal injury, completed by a person skilled in the evaluation of personal injuries.

Note: Form MV 3466—Evaluation of Personal Injuries.

2. A certification of loss of wages as a result of the accident based on written information provided by the claimant’s employer.

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:

a. The location, permanency, and potential cost of cosmetic surgery of scars resulting from the accident.

b. The age of the injured person.

c. The occupation and lifestyle of the injured person, if the occupation or lifestyle of the injured person will be affected.

d. The duration and severity of pain, and degree of consciousness of the injured party.

e. The length and type of temporary or permanent disability.

f. The diagnosis of the injury.

(c) The department may consider the following documentation when determining the amount of security required under s. 344.13, Stats., for property damage:

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.

Note: Form MV 3658—Evaluation of Motor Vehicle Damage.

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.

Note: Form MV 3657—Evaluation of Property Damage.

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.

Note: The minimum damage amount under s. 344.12, Stats., is currently $1000.

(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.

(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.

(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.

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).

(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:

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

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

1. The claim is filed one year or less after the accident.

2. No evaluation report was mailed to the person under sub. (2) (a).

3. The department has not suspended the uninsured person’s operating privilege.

4. The uninsured has not deposited security.

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 Security deposit.

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

(a) United States currency.

(b) A cashier’s check or draft.

(d) A financial institution check or draft.

(e) A certified personal or business check or draft.

(f) An attorney trust account check or draft.

(g) A surety bond.

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

(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.

(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.

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

(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.

(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:

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

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

(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.

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

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