Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.12 - Release of liability

Current through June 24, 2024
(1) EFFECT OF RELEASE. The department may not
			 suspend the operating privilege of an operator or motor vehicle registrations
			 of a vehicle owner under s.
			 344.14,
			 Stats., if that person has been released from liability by all persons on whose
			 behalf a security deposit has been required by the department under s.
			 Trans
			 100.07 or s.
			 344.13,
			 Stats., and all persons who have filed subrogation notices with the department
			 for such claims.
Note: See ss.
				344.14(2)
				(h) and
				344.18(1)
				(b), Stats.
(2) VALIDITY OF RELEASE. A release shall be
			 considered valid under ss.
			 344.14(2)
			 (h) and
			 344.18(1)
			 (b), Stats., if it meets all of the following
			 criteria:
(a)
Written release
			 required.
A release shall be made in writing.
(b)
Consideration required.
A release shall state that it is made for consideration, such as an exchange of
			 money or something that has money value.
Note: Forms MV 3039-Minors Release, and MV 3041-Release of
				Liability.
(c)
Competent approval.
1.
			 'Injured parties.' If a party sustains property damage or personal injuries,
			 the release shall include the witnessed or notarized signature of each
			 subrogated party and the witnessed or notarized signature of the injured party,
			 except as provided in subds. 2. to 4.
2. 'Minors with claims $5,000 or less.' If an
			 injured party 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 notarized signature of that
			 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 is required.
Note: See s.
				344.14(2)
				(h), Stats.
3. 'Minors with claims exceeding $5,000, or
			 permanent injuries.' If an injured party is less than 18 years old and either a
			 doctor certifies that the injury is permanent or the amount of deposit required
			 by the department under s.
			 344.13,
			 Stats., exceeds $5,000, a witnessed or notarized legal 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 execute the release.
Note: ss.
				807.10,
				344.14(2)
				(h) and
				344.18(1)
				(b), Stats. Parents are not "legal guardians"
				unless appointed by a court.
4. 'Incompetents.' If an injured party is
			 incompetent, a witnessed or notarized guardian's signature in his or her
			 representative capacity is required together with a court order authorizing the
			 guardian to execute the release.
5.
			 'Deceased parties.' If the injured party died as a result of the accident, the
			 release shall include one of the following:
a.
			 The witnessed or notarized signature of the personal representative or
			 administrator of the estate of the deceased, accompanied by a copy of the court
			 order appointing the personal representative or administrator.
b. The witnessed or notarized signature of
			 parents with legal custody or the legal guardian of the deceased when the
			 deceased was a minor at the time of the accident.
c. The witnessed or notarized signature of
			 the primary heir of the estate of the deceased, accompanied by an affidavit of
			 heirship from the releasing party and assurance that the estate will be settled
			 without appointment of a personal representative. The department may accept a
			 copy of a petition filed under ch. 867, Stats., or a court order assigning
			 property under ch. 867, Stats., as assurance under this subdivision.
d. The witnessed or notarized signature of
			 the primary heir of the estate of the deceased, accompanied by an affidavit of
			 heirship from the releasing party and a certified medical statement attesting
			 that the deceased had no pain and suffering.