Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.03 - Reporting an accident

Current through June 24, 2024
(1) In this section, "reportable" refers to
			 an accident in which the minimum damage requirements of s.
			 346.70,
			 Stats., are met or exceeded, and for which reporting the accident is mandatory
			 under that section, or an accident to which the safety responsibility law
			 applies under s.
			 344.12,
			 Stats.
Note: Section
				346.66,
				Stats., makes the accident reporting requirements of s.
				346.70,
				Stats., applicable only as follows:
346.66 Applicability of sections relating to accidents and
				accident reporting. In addition to being applicable upon highways, ss.
				346.67
				to
				346.70
				are applicable upon all premises held out to the public for use of their motor
				vehicles, all premises provided by employers to employees for the use of their
				motor vehicles and all premises provided to tenants of rental housing in
				buildings of 4 or more units for the use of their motor vehicles, whether such
				premises are publicly or privately owned and whether or not a fee is charged
				for the use thereof. These sections do not apply to private parking areas at
				farms or single-family residences or to accidents involving only snowmobiles,
				all-terrain vehicles or vehicles propelled by human power or drawn by
				animals.
Section
				344.12,
				Stats., makes the safety responsibility law apply as follows:
344.12 Applicability of provisions relating to deposit of
				security for past accidents. Subject to the exceptions contained in s.
				344.14,
				the provisions of this chapter requiring deposit of security and requiring
				suspension for failure to deposit security apply to the operator and owner of
				every motor vehicle which is in any manner involved in an accident in this
				state which has resulted in bodily injury to or death of any person or damage
				to property of any other person of $1,000 or more.
(1m) A law enforcement agency investigating a
			 reportable accident involving a vehicle shall report the accident to the
			 department as required under s.
			 346.70(4),
			 Stats. If a law enforcement agency does not investigate and report the accident
			 within 10 days after the accident, the operators of the vehicles involved in
			 the accident shall report the accident to the department as required under s.
			 346.70(2),
			 Stats. The department may accept or require a report of the accident to be
			 filed by the occupant or the owner in lieu of a report by the operator.
Note: Forms MV 4000 Wisconsin Motor Vehicle Accident Report and
				MV 4002 Driver Report of Accident.
(2) Persons misidentified as an operator in a
			 law enforcement report may file a written report with the department regarding
			 that fact. Upon receipt of such a report, the department shall require the
			 person claiming to have been misidentified to do either of the following:
(a) Have the agency that filed the report
			 file an amended law enforcement agency report with the department.
(b) Provide the department with a copy of
			 court findings meeting any of the following criteria:
1. From any type of proceeding that
			 identifies the true operator of the vehicle at the time of the
			 accident.
2. From a criminal,
			 traffic forfeiture or civil proceeding that concludes the person was not a
			 vehicle operator involved in the accident.
3. From a civil court proceeding related to
			 establishing liability issues related to the accident that the court cannot
			 determine whether the person was the operator of a vehicle involved in the
			 accident.