Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.13 - Written installment agreement

Current through June 24, 2024
(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:
(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.
(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.
(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.
(d) The witnessed
			 signatures of all other parties in the installment agreement.
Note: Form MV 3128-Installment Agreement to Pay Damages.
(e) The names and addresses of all
			 parties to the agreement.
(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.
Note: See s.
				344.14(2)
				(h), Stats.
(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.
(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.
Note: Sections
				807.10,
				344.14(2)
				(h), and
				344.18(1)
				(b), Stats.; Form MV 3128- Installment
				Agreement to Pay Damages.
(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.