Trans 100.13(1)(1) For the purpose of s. 344.14 (2) (h) or 344.25 (2), Stats., a written agreement providing for payment in installments of an agreed amount for all claims for injury or damage resulting from the accident shall contain all of the following: Trans 100.13(1)(a)(a) A promise by the uninsured person to pay an amount of money or to transfer ownership of something that has money value to an injured party as settlement for all claims by the party for damages or injuries arising out of the accident. Trans 100.13(1)(b)(b) The date of the first installment payment, the frequency of payments if payments are to be made other than on a monthly basis, and the calculated date final payment is due under the payment plan. Trans 100.13(1)(c)(c) The notarized or duly acknowledged signature of the uninsured operator or owner making the payments. If that person is less than 18 years of age, a parent or sponsor under s. 343.15, Stats., shall co-sign the installment agreement as a person responsible for making the payments, or a legally appointed guardian may sign on behalf of the minor pursuant to court authorization of their signing the agreement as guardian. Trans 100.13(1)(d)(d) The witnessed signatures of all other parties in the installment agreement. Trans 100.13 NoteNote: Form MV 3128—Installment Agreement to Pay Damages.
Trans 100.13(1)(f)(f) If an injured party to the agreement is less than 18 years old and the amount of deposit required by the department under s. 344.13, Stats., does not exceed $5,000, the witnessed or acknowledged signature of the injured party’s parent or legal guardian, and if any personal injury to the injured party occurred, a doctor’s certification that the injury is not permanent. Trans 100.13(1)(g)(g) If an injured party to the agreement is less than 18 years old and the amount of deposit required by the department under s. 344.13, Stats., exceeds $5,000, or a doctor’s certification that the injury is not permanent is not filed with the department, a guardian’s signature in his or her capacity as guardian is required, together with a court order authorizing the guardian for the injured party to enter into the agreement. Trans 100.13(1)(h)(h) If an injured party to the agreement is incompetent, a guardian’s signature in his or her capacity as guardian is required, together with a court order authorizing the guardian for the injured party to enter into the agreement. Trans 100.13(1)(i)(i) A statement as to whether the claim is for injury to property, injury to a person, or injury to a combination of persons or property, and that upon payment of the appropriate amount specified in s. Trans 100.18 (1) (f) to (i), the judgment creditor shall report the judgment as “satisfied for purposes of s. 344.26 (3), Stats.,” to the division of motor vehicles. Trans 100.13(2)(2) An amended agreement shall be accepted if the original agreement filed is valid, the amended agreement is signed by all parties to the original agreement, and any required court approval under sub. (1) (g) is filed. Parties who have released their claims prior to the amendment may not be required to join in any amendment. Trans 100.13(3)(3) Notwithstanding s. 344.18 (3), Stats., a person who has been released from liability for debts arising from an accident may not be subjected to operating privilege or motor vehicle registration suspension based upon a default in a written installment agreement for the liability that has been released. Trans 100.13(4)(4) A person may not reinstate his or her operating privilege upon filing a written installment agreement if the person’s operating privilege has been suspended for failure to comply with a court-ordered installment plan under s. 344.27 (3), Stats., until the case is resolved under s. Trans 100.18. Trans 100.13 NoteNote: Section 344.27 (3), Stats., provides that “[i]f the judgment debtor fails to pay any installment as specified by such order, the secretary, upon notice of such default, shall immediately suspend the operating privilege and registrations of the judgment debtor until such judgment is satisfied as provided in s. 344.26.” Section 344.26 provides that a person whose operating privilege is suspended for a damage judgment may be reinstated if the judgment is stayed, satisfied or discharged. But, s. 344.26 (3) makes clear that “satisfaction,” as used in the statute, does not have its ordinary and generally understood meaning of paying a judgment in full (see, for example, s. 806.20, Stats.). Rather, “satisfaction” under the damage judgment law means to pay a creditor the same amount the creditor would have received if the judgment debtor had held insurance in the minimum mandatory amounts required to avoid responsibility under the safety responsibility laws. Trans 100.18 deals with the process of resolving a damage judgment suspension, including paying off the amount required to “satisfy” a judgment under s. 344.26 (3), Stats. Trans 100.13 HistoryHistory: Cr. Register, October, 1985, No. 358, eff. 11-1-85; CR 01-156: am. (1) (intro.), (a) to (d) and (2), cr. (1) (e) to (h) and (3) Register October 2005 No. 598, eff. 11-1-05; CR 10-070: cr. (1) (i) and (4) Register November 2010 No. 659, eff. 12-1-10. Trans 100.15(1)(1) Fee requirements. Except as provided in sub. (3), a person shall pay the following fees as a condition of reinstating an operating privilege or motor vehicle registration that is suspended or revoked under ch. 344, Stats.: Trans 100.15(1)(a)(a) A person whose motor vehicle registration has been suspended or revoked under ch. 344, Stats., shall pay the reinstatement fee specified in s. 341.36 (1m), Stats. Trans 100.15(1)(c)(c) Persons subject to both motor vehicle registration and operating privilege suspensions shall pay all fees required under pars. (a) and (b). Trans 100.15(2)(2) Proof of financial responsibility requirement. Except as provided in sub. (3), a person reinstating his or her operating privilege or motor vehicle registration shall satisfy the following proof of financial responsibility for the future requirements: Trans 100.15(2)(a)(a) If the person’s operating privilege or motor vehicle registration was suspended or revoked for failing to deposit security, the person shall meet the proof of financial responsibility for the future requirements of s. 344.18 (1m), Stats., for 3 years from the date the person meets one of the requirements under sub. (4). Trans 100.15(2)(b)(b) If the person’s operating privilege or motor vehicle registration was suspended or revoked for failure to pay a damage judgment, the person shall meet the proof of financial responsibility for the future requirements of s. 344.26 (1), Stats. If the department imposed the revocation or suspension before September 1, 2000, and 3 years have not passed since the entry of judgment, the person shall keep proof of financial responsibility for the future on file with the department until 3 years have elapsed from the date of the entry of judgment. If the revocation or suspension was imposed by the department on or after September 1, 2000, and the judgment has been stayed, satisfied or discharged, the person shall keep proof of financial responsibility for the future on file with the department until 3 years have elapsed from the date the judgment was stayed, satisfied or discharged. If the revocation or suspension was imposed by the department on or after September 1, 2000, and a court has ordered that the judgment debtor be allowed to pay the judgment in installments under s. 344.27 (2), Stats., the person shall keep proof of financial responsibility for the future on file with the department until 3 years have elapsed from the date that order is filed with the department. In the event the person defaults on the installment agreement and is subjected to another operating privilege or motor vehicle registration suspension, and the judgment is stayed, satisfied or discharged, the person will be required to post proof of financial responsibility for the future for a 3 year period from the date the judgment was stayed, satisfied or discharged. Trans 100.15 NoteNote: See 1999 Wis. Act 80, s. 9348, for authority on provisions involving the date September 1, 2000. Trans 100.15(3)(3) Fees and proof of financial responsibility for the future not required. No operating privilege or motor vehicle registration reinstatement fee or future proof of insurance is required when any of the following occur: