895.449 Action for loss caused by failure to pay for gasoline or diesel fuel.
(1) In this section:
(a) “Association" means a membership organization whose membership is composed of retail businesses that sell gasoline or diesel fuel.
(b) “Fuel retailer" means a person who suffers a loss as the result of a violation of s. 943.21 (1m) (d).
(c) “Vehicle owner" means a person who holds the legal title of the vehicle that received gasoline or diesel fuel involved in a violation of s. 943.21 (1m) (d).
(2) Any fuel retailer has a cause of action against a vehicle owner whose vehicle was involved in a violation of s. 943.21 (1m) (d). The fuel retailer may provide an association with an affidavit specifying the time and date that the violation occurred, the registration plate number of the vehicle that received the gasoline or diesel fuel, and the retail value of gasoline or diesel fuel involved in the violation.
(3) Upon receipt by an association of an affidavit under sub. (2), that association may obtain from the department of transportation, based on the registration plate number of the motor vehicle that received the gasoline or diesel fuel in violation of s. 943.21 (1m) (d), identifying information regarding the owner of that motor vehicle and may forward the identifying information to the person who provided the affidavit under sub. (2).
(4) The fuel retailer may send a letter by 1st class mail to the vehicle owner at the address obtained under sub. (3), requesting payment of the amount owed for the unpaid gasoline or diesel fuel, plus a service fee that does not exceed $30. The letter shall include the time and date of the violation, the registration plate number of the vehicle that received the gasoline or diesel fuel, and a statement that if the vehicle owner fails to pay the amount demanded within 30 days of receipt of the letter, the fuel retailer may commence a court action to collect that amount. If a vehicle owner fails to make the payment owed within 30 days of his or her receipt of the letter, the fuel retailer may commence an action in circuit court to collect the amount demanded.
(5) If the fuel retailer prevails in an action brought under this section, the fuel retailer shall be entitled to the amount of the loss incurred, the $30 service fee, and court costs.
History: 2011 a. 186.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts.
895.01 - What actions survive; actions not to abate.
895.02 - Measure of damages against personal representative.
895.03 - Recovery for death by wrongful act.
895.031 - Recovery from estate of wrongdoer.
895.035 - Parental liability for acts of minor child.
895.037 - Abortions on or for a minor without parental consent or judicial waiver.
895.038 - Partial-birth abortions; liability.
895.04 - Plaintiff in wrongful death action.
895.044 - Damages for maintaining certain claims and counterclaims.
895.045 - Contributory negligence.
895.046 - Remedies against manufacturers, distributors, sellers, and promoters of products.
895.048 - Recovery by auto or motorboat owner limited.
895.05 - Damages in actions for libel.
895.052 - Defamation by radio and television.
895.055 - Gaming contracts void.
895.056 - Recovery of money wagered.
895.057 - Action against judicial officer for loss caused by misconduct.
895.06 - Recovery of divisible personalty.
895.065 - Radioactive waste emergencies.
895.07 - Claims against contractors and suppliers.
895.08 - Sport shooting ranges; actions related to safety.
895.09 - Scrap metal or plastic bulk merchandise container theft; civil liability.
895.10 - Tort actions in residential real estate transactions.
895.14 - Tenders of money and property.
895.33 - Limitation of surety's liability.
895.34 - Renewal of sureties upon becoming insufficient and effects thereof.
895.345 - Justification of individual sureties.
895.346 - Bail, deposit in lieu of bond.
895.35 - Expenses in actions against municipal and other officers.
895.36 - Process against corporation or limited liability company officer.
895.37 - Abrogation of defenses in employee personal injury actions.
895.375 - Abrogation of defense that contract was champertous.
895.42 - Deposit of undistributed money and property by personal representatives and others.
895.43 - Intentional killing by beneficiary of contract.
895.435 - Intentional killing by beneficiary of certain death benefits.
895.441 - Sexual exploitation by a therapist; action for.
895.442 - Sexual exploitation by a member of the clergy; action for.
895.444 - Injury caused by criminal gang activity; action for.
895.445 - Damage to certain machines; action for.
895.446 - Property damage or loss caused by crime; action for.
895.447 - Certain agreements to limit or eliminate tort liability void.
895.448 - Safety devices on farm equipment, ordinary negligence.
895.449 - Action for loss caused by failure to pay for gasoline or diesel fuel.
895.45 - Service representatives for adult abusive conduct complainants.
895.453 - Payments of chiropractic services from attorney contingency fees.
895.455 - Limits on recovery by prisoners.
895.457 - Limiting felon's right to damages.
895.46 - State and political subdivisions thereof to pay judgments taken against officers.
895.472 - Indemnification of a financial institution.
895.475 - Exemption from civil liability for furnishing safety inspection or advisory services.
895.476 - Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19.
895.478 - Civil liability exemption; opioid antagonists.
895.48 - Civil liability exemption; emergency medical care.
895.4801 - Immunity for health care providers during COVID-19 emergency.
895.4802 - Civil liability exemption; hazardous materials.
895.4803 - Civil liability exemption; information concerning paternity.
895.481 - Civil liability exemption; equine activities.
895.482 - Civil liability exemption; ski patrol members.
895.484 - Civil liability exemption; entering a vehicle to render assistance.
895.485 - Civil liability exemption; out-of-home care providers and child-placing agencies.
895.486 - Civil immunity exemption; reports of insurance fraud.
895.487 - Civil liability exemption; employment references.
895.488 - Civil liability exemption; owner or person in lawful possession of the premises.
895.489 - Civil liability exemption; tenancy references.
895.492 - Civil liability exemption; certificate of qualification for employment.
895.501 - Civil liability exemption; credit card reencoders and scanning devices.
895.506 - Civil liability exemption; weight gain and obesity claims.
895.508 - Liability exemption; provision of previously owned eyeglasses.
895.512 - Civil liability exemption; access to toilet facility.
895.514 - Civil liability exemption; Health Insurance Risk-Sharing Plan and Authority.
895.515 - Civil liability exemption; equipment or technology donation.
895.517 - Civil liability exemption: solid waste donation or sale.
895.519 - Civil liability exemption; private campgrounds.
895.52 - Recreational activities; limitation of property owners' liability.
895.526 - Participation in an alpine sport; restrictions on civil liability, assumption of risk.
895.5265 - Civil liability exemption; placement of certain structures in waterways.
895.527 - Sport shooting range activities; limitations on liability and restrictions on operation.
895.528 - Civil liability exemption; placement of markers in waterways.
895.529 - Civil liability limitation; duty of care owed to trespassers.
895.53 - Civil and criminal liability exemption; tests for intoxication.
895.535 - Civil and criminal liability exemption; body cavity search.
895.537 - Liability exemption; sexual assault evidence collection.
895.54 - Liability exemption; notification of release.
895.55 - Liability exemption; oil discharge control.
895.555 - Civil liability exemption; anhydrous ammonia.
895.57 - Damages and immunity; unauthorized release of animals.
895.58 - Liability exemption; use of special waste under public works contracts.
895.61 - Asbestos successor corporation; limitation on liability.
895.66 - Mandatory disclosures.
895.67 - Approval of transfers of structured settlement payment rights.
895.68 - Effects of transfer of structured settlement payment rights.