Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.18 - Damage judgments

Current through June 24, 2024
(1) SUSPENSION. Upon receipt of a certified
			 damage judgment from a Wisconsin court, the department shall immediately
			 suspend the judgment debtor's operating privilege and the registration of the
			 judgment debtor's motor vehicles. The suspension shall remain in effect until
			 the person meets the criteria of sub. (5), and until one of the following
			 conditions is met:
(a) The person files with
			 the department a certified or court stamped copy of a satisfaction of
			 judgment.
(b) The person files with
			 the department a court ordered installment payment schedule meeting the
			 requirements of s. 344.27, Stats.
Note:
Section
				128.21, Stats., voluntary
				proceeding orders do not stay Ch. 344 license suspension or revocation actions,
				and are therefore inadequate to resolve a damage judgment suspension or
				revocation.
(c) The person
			 files with the department an installment agreement complying with sub.
			 (3).
(d) The person's suspension or
			 revocation is temporarily or permanently affected under sub. (4) because of a
			 bankruptcy.
(e) More than 20 years
			 from the entry date of the judgment have elapsed.
Note:
See s.
				893.40, Stats.
(f) If the judgment is for property damage,
			 the person files proof of payment of an amount equal to the property damage
			 minimum coverage level described in s. Trans 100.02 (12m) to the judgment
			 creditor, including payments made in settlement or partial settlement of the
			 property damage claim or payments made to the court for application to the
			 judgment. Payments on the claim made by the judgment debtor, an insurance
			 carrier, or any other person may be aggregated to reach that amount.
Note:
See the note following s. Trans 100.18 (1)
				(i).
(g) If the judgment is
			 for injury to a single person, the person files proof of payment of an amount
			 equal to the single injury minimum coverage level described in s. Trans 100.02
			 (13m) to the judgment creditor, including payments made in settlement or
			 partial settlement of the injury claim or payments made to the court for
			 application to the judgment. Payments on the claim made by the judgment debtor,
			 an insurance carrier, or any other person may be aggregated to reach that
			 amount.
Note:
See the note following s. Trans 100.18 (1)
				(i).
(h) If the judgment is
			 for injury to more than one person, the person files proof of payment of an
			 amount equal to the multiple injury minimum coverage level described in s.
			 Trans 100.02 (11m) to the judgment creditor, including payments made in
			 settlement or partial settlement of the injury claim or payments made to the
			 court for application to the judgment. Payments on the claim made by the
			 judgment debtor, an insurance carrier, or any other person may be aggregated to
			 reach that amount.
Note:
See the note following s. Trans 100.18 (1)
				(i).
(i) If the judgment
			 results from any combination of property damage, injury to one person, or
			 injury to more than one person, the person files proof of payment of the amount
			 applicable under par. (f) plus the amount applicable under par. (g) or (h),
			 whichever is applicable, to the judgment creditor, including payments made in
			 settlement or partial settlement of the property damage or injury claims or
			 payments made to the court for application to the judgment. Payments on the
			 judgment creditor's claim made by the judgment debtor, an insurance carrier, or
			 any other person may be aggregated to reach the amount required to be paid
			 prior to satisfaction of the damage judgment for driver licensing purposes
			 under this paragraph.
Note:
Under s.
				346.26(3),
				Stats., a judgment is deemed "satisfied" to the extent that a person should be
				able to reinstate their operating privilege once the person has paid a judgment
				debtor an amount equal to the minimum required insurance amounts a person needs
				to avoid operating privilege suspension under the safety responsibility law.
				The actual judgment may not be partially satisfied to the same extent because
				payment of interest, costs and attorneys fees all qualify as payment toward
				this total dollar amount. Pars. (f), (g), and (h) address this means of
				"satisfying" specific types of damage judgments for driver licensing purposes.
				Par. (i) addresses situations where a debtor owes for both property damage and
				personal injury and requires payment of up to $35,000 ($10,000 + $25,000) for
				such an accident to property and one person or $60,000 ($10,000 + $50,000) for
				damages to property and injuries to multiple persons as a precondition of
				reinstatement. Of course, providing evidence that the entire judgment has been
				satisfied with a court is also acceptable. Minimum mandatory insurance amounts
				are set under s. 344.33(2),
				Stats.