Wisconsin Department of Transportation

Alert: The following services will be unavailable on Saturday, January 5, 2013 from 12 a.m. (midnight) to 6 a.m. CST due to system maintenance.

Safety responsibility compliance

Security deposit

If you are involved in an accident, and are liable for damages caused by the accident, you can maintain your driving and/or vehicle registration privileges by depositing security with the Division of Motor Vehicles (DMV). DMV determines the amount of security by reviewing damage and injury evaluations received from other parties in the accident.

You will receive a notice of driver license suspension showing the amount of security required. If you deposit security as a means of maintaining your driving and vehicle registration privileges, DMV will hold the funds until one of these occurs:

  • The parties who had damages or injuries reach an agreement with you.
  • A court orders DMV to disburse the funds according to the court ruling.
  • One year has passed and no court action has been initiated.
  • If a court action has been initiated, it will be held for 20 years or until settled, whichever comes first.

Installment agreement

If all affected parties agree, they may enter into an installment agreement to pay for the damages or injuries using the Installment Agreement To Pay Accident Damages form (MV3128).

  • You must sign the agreement in the presence of a notary public.
  • Those who had damages or injuries must sign the agreement in the presence of a witness.
  • An insurance company representative must also sign if the payments are being made to the insurance company.

If you can negotiate and file an installment agreement, you can keep your license and/or registration privileges AS LONG AS YOU MAKE THE REQUIRED PAYMENTS.  If you do not keep up your payments, and the Uninsured Motorists Unit (UMU) is informed that you are behind ("in default"), your driverís license and/or registration privileges will be revoked.

Release of liability

If you settle the damages with the other party or parties, you must submit evidence that the parties involved have settled the damage or injury claims directly by filing a release of liability using the Release of Liability form (MV3041). Those who had damages or injuries must sign the release in the presence of a witness or a notary public. This releases you of all liability for this accident.

Reaching an agreement

The parties must file a Security Deposit Assignment and a Release of Liability form MV3216 with DMV.

  • This form is to be used if you deposit security to avoid losing your privileges and then settle the claim(s).
  • You fill out the Security Deposit Assignment portion of the form.
  • The form must be signed in the presence of a notary public.
  • The claimant(s), (person(s) receiving the money), completes the Liability Release portion of the MV3216.
  • They, too, must sign in the presence of a notary or witness.
  • This releases the uninsured driver and/or vehicle owner from any and all future claims filed by the claimant(s) for the accident.
  • The funds that DMV has been holding are mailed to the claimant(s) in approximately three to four weeks.

Request a hearing

If you cannot come to an agreement with the other parties in the accident, and feel that a judgment in the amount claimed could not be rendered by a court, or if you feel you were not at fault in the accident, a hearing may be requested to present testimony and strong evidence about the accident. To prevail, the hearing examiner must find that the evidence is of such weight that no reasonable possibility exists that a Wisconsin civil court would render a decision for damages against you. The request for a hearing must be made in writing to the mailing address or e-mail address listed on the notice of suspension of privileges.

Questions? Contact us: dotuninsuredmotorist@dot.wi.gov
Call: (608) 266-1249

For more information:

Last modified: May 29, 2013
BDS/QIS/UMU

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