Trans 100.04(1)(1) Accident report form required. Under s. 346.70 (2), (3m) and (4), Stats., the police, operator, owner or occupant shall complete and submit all accident information requested on the forms or in the automated format approved by the department. Trans 100.04 NoteNote: Forms MV 4000 Wisconsin Motor Vehicle Accident Report and MV 4002 Driver Report of Accident.
Trans 100.04(2)(2) Incomplete reports. The department may accept an accident report with incomplete accident information if the information is provided to the department from another credible source or is not available. Trans 100.04(3)(3) Lack of insurance reported. When any accident report or notice from a person or insurer filed with the department within one year of an accident indicates that an operator or motor vehicle involved in an accident had no liability insurance coverage in effect at the time of an accident, the department may require the operator or owner, or both, to do one of the following: Trans 100.04(4)(4) Incomplete insurance information. If the liability insurance company name or policy holder’s name, or both, are absent from the accident report form, the department may contact the operator or owner, or both, to obtain additional insurance information. If the operator or owner provide complete insurance information, the department shall assume that the liability insurance policy specified by the owner or operator was in force at the time of the accident. Trans 100.04(5)(5) Self-insured persons. If a motor vehicle owner is self-insured under s. 344.16, Stats., the department may mail notice of the self-insurance to the address furnished by the self-insured owner. The department shall assume that the operator of the motor vehicle is exempt under s. 344.14 (2) (d), Stats., from the security requirements unless the self-insured person notifies the department otherwise within 30 days of mailing or other information is received by the department indicating that the self-insured certificate does not apply to the operator. Trans 100.04(6)(6) Absence of policy holder name on report. If a liability insurance company name is listed on the accident report, but a policy holder’s name is not, and the operator and owner of the motor vehicle involved in the accident are the same person, the department will assume that a valid policy with the liability insurance company specified on the accident report form was in force at the time of the accident for the owner listed. Trans 100.04(7)(7) Requesting additional information. The department may contact the operator of a motor vehicle involved in an accident, its owner, or both persons, for additional insurance information at any time. If the operator or owner provides insurance information, the department may verify the credibility of the information by contacting the insurance company listed. If an insurer determines that the operator or owner who provided the insurance information is not insured, or denies coverage for the claim, the insurer shall immediately notify the department of the person’s uninsured status. Trans 100.04 NoteNote: Form T062—Request for Complete Insurance.
Trans 100.04 HistoryHistory: Cr. Register, October, 1985, No. 358, eff. 11-1-85: r. and recr. (1), am. (2), renum. (3) and (4) to be (4) and (5) and am., cr. (3), (6), (7), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: am. (3) to (7) Register October 2005 No. 598, eff. 11-1-05. Trans 100.05Trans 100.05 Recording accident on operator’s record. Trans 100.05(1)(1) All accidents in which the operator was involved shall be identified on a public driver record abstract prepared under s. 343.23 (2), Stats., unless any of the following apply: Trans 100.05(2)(2) If a law enforcement officer, fire fighter, emergency medical technician, first responder, or winter highway maintenance worker is involved in an accident in the course of that employment, any person filing an accident report shall note that the person involved in the accident was on duty at the time of the accident. The department shall note that on-duty status on a public abstract of the on-duty operator’s driver record with the entry related to the accident. Trans 100.05 NoteNote: See s. 343.23 (2), Stats. See also s. Trans 100.02 for the definitions of law enforcement officer, EMT, first responder, winter highway maintenance worker and fire fighter. Trans 100.05(3)(3) Notwithstanding sub. (1), a law enforcement officer, emergency medical technician, first responder or fire fighter may request a reportable accident not be reported on a public abstract of their driver record by submitting the approved form. The licensee must show that one or more of the following conditions existed at the time of the accident: Trans 100.05(3)(a)(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. Trans 100.05(3)(b)(b) The operator of the emergency vehicle intentionally collided with the other vehicle. Trans 100.05(3)(c)(c) The operator of the other vehicle intentionally collided with the emergency vehicle. Trans 100.05 NoteNote: Form MV 3347--Emergency Vehicle Involvement. Highway maintenance workers are not eligible for suppression of an accident report under this subsection.
Trans 100.05 HistoryHistory: 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 100.06Trans 100.06 Determining the reasonable possibility of a judgment. Trans 100.06(1)(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.: