344.13 Secretary to determine amount of security required following accident and to give notice thereof.
(1) The secretary after receipt of a report of an accident of the type specified in s. 344.12 shall determine, with respect to such accident, the amount of security which is sufficient in the secretary's judgment to satisfy any judgment for damages resulting from such accident which may be recovered against either operator or owner of the vehicles involved in such accident. Such determination shall be based upon the total property damage suffered by other persons whose property was involved in the accident, not including the vehicle a person was operating when such operation was with the owner's permission, and on the extent of personal injuries, including deaths, involving other parties to the accident. The determination as to the amount of security required shall not be made with respect to operators or owners who are exempt from the requirements of security and suspension under s. 344.14 (2).
(2) The secretary shall determine the amount of security required to be deposited by each person on the basis of the accident reports or other information submitted. In addition to the accident reports required by law, the secretary may request from any of the persons, including passengers and pedestrians, involved in such accident such further information, sworn statements or other evidence relating to property damage, personal injury or death in motor vehicle accidents as deemed necessary to aid in determining the amount to be deposited as security under s. 344.14. Failure of a person to comply with such request is grounds for suspending such person's operating privilege but no suspension shall be made on such grounds until one follow-up request has been made and at least 20 days have elapsed since the mailing of the first request.
(3) The secretary within 90 days after receipt of a report of an accident of the type specified in s. 344.12 and upon determining the amount of security to be required of any person involved in such accident or to be required of the owner of any vehicle involved in such accident, shall give at least 10 days' written notice to every such person of the amount of security required to be deposited by the person. The notice also shall state that an order of suspension will be made as provided in s. 344.14, unless within such time security is deposited as required by the notice. The order of suspension may be made a part of the notice, with a provision that it will take effect on the date specified in this subsection unless security is deposited prior to that date.
History: 1971 c. 253; 1977 c. 29 s. 1654 (7) (c); 1977 c. 273; 1991 a. 269; 1997 a. 84.
The 90-day time limit under sub. (3) is directory, not mandatory. Warner v. DOT, 102 Wis. 2d 232, 306 N.W.2d 266 (Ct. App. 1981).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 344 - Vehicles — financial responsibility.
344.01 - Words and phrases defined.
344.02 - Hearing on suspension or impoundment.
344.04 - Power of court to stay suspension of registration or impoundment of vehicles.
344.05 - Courts to report nonpayment of certain judgments.
344.07 - Responsibility law not to prevent other process.
344.08 - Suspension for failure to report accident.
344.09 - Reinstatement of operating privilege and registration.
344.12 - Applicability of provisions relating to deposit of security for past accidents.
344.14 - Suspension for failure to deposit security; impoundment of vehicle; exceptions.
344.15 - Requirements as to policy or bond.
344.16 - Requirements as to self-insurers.
344.17 - Requirements as to form and amount of security.
344.18 - Duration of suspension for failure to deposit security.
344.185 - Duration of impoundment of motor vehicle; disposition.
344.20 - Custody, disposition and return of security.
344.21 - Matters not to be evidence in civil suits.
344.24 - Applicability of sections relating to proof of financial responsibility for the future.
344.25 - Suspension for nonpayment of judgment; exceptions.
344.26 - Suspension after judgment for money damages.
344.27 - Installment payment of judgments; suspension upon default.
344.29 - Proof of financial responsibility for the future required.
344.30 - Methods of giving proof of financial responsibility.
344.31 - Certification of insurance as proof.
344.33 - “ Motor vehicle liability policy" defined.
344.34 - Notice of cancellation or termination of certified policy.
344.35 - This chapter not to affect other policies.
344.37 - Money or securities as proof.
344.38 - Owner and leasing company may give proof for others.
344.39 - Substitution of proof.
344.40 - Revocation or suspension for failure to maintain proof; other proof may be required.
344.41 - Duration of proof; when proof may be canceled or returned.
344.42 - Submission of certifications and recertifications by insurers.
344.45 - Surrender of license and registration upon suspension.
344.46 - Transfer of vehicle ownership to defeat purpose of chapter.
344.51 - Financial responsibility for domestic rented or leased vehicles.
344.52 - Financial responsibility for foreign rented vehicles.
344.55 - Insurance for human service vehicles.
344.57 - Definitions applicable to ss. 344.57 to 344.579.
344.572 - Applicability to rental agreements.
344.574 - Limited liability for damage.
344.577 - Advertisement or representation.
344.578 - Credit card for deposit or damages.
344.62 - Motor vehicle liability insurance required.
344.63 - Exceptions to motor vehicle liability insurance requirement.