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: