Section 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.Wis. Admin. Code Department of Transportation Trans 100.07
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.Amended by, correction in (1) (Note), (3) (b) 1. (Note), (c) 1. (Note), 2. (Note) made under s. 35.17, Stats., Register March 2017 No. 735, eff. 4/1/2017.