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QuestionInsurance Question  I had a minor car accident in Wisconsin and I don't have car insurance. Will I get a ticket or what could happen?

AnswerAuto Insurance Answer

Yes, you could get cited and you will normally be held personally responsible for the damages you caused the other driver in the accident if you were at fault.

In Wisconsin motorists are not required to carry car insurance but are mandated to have financial responsibility. State law necessitates owners or operators of motor vehicles provide evidence that they have funds to pay for losses for which they might be responsible.

The requirements of the WI financial responsibility law may be met through carrying an auto liability insurance policy, putting up personal funds, a surety bond or certificate of self-insurance. So it may not be illegal to drive without insurance on your vehicle in Wisconsin if you have fulfilled the FR law in another way. If you have not complied with the Wisconsin FR law in any way then you can be cited and face penalties.

In 1945 Wisconsin enacted the uninsured motorists/safety responsibility law to protect those who suffer damages in accidents caused by uninsured motorists. The program provides an incentive for motorists to carry liability insurance or otherwise satisfy accident damages. The law takes away the driver license and vehicle registration of uninsured motorists who do not pay for damages or injuries they cause.

This above law applies to all drivers and owners of motor vehicles who are involved in reportable accidents in Wisconsin. The WI Division of Motor Vehicles (DMV) checks for insurance coverage on all drivers listed on an accident report. If the DMV determines that a driver is uninsured, the other parties involved in the accident are notified. Those who are injured or have property damages can report their injuries or damages to DMV.

When DMV receives injury or damage reports, the accident report is reviewed to determine if the uninsured driver appears to be at fault. If so, DMV calculates a total for the damages, any injuries and estimated court costs.

The WI DMV sends notices of suspension to the driver who appears to be at fault in the accident. The registered owner(s) of the uninsured vehicle, if different than the driver, also receives a notice of suspension. The notice states the driving and/or vehicle registration privileges will be suspended unless the driver and/or owner does any one of the following:

  • Files proof of insurance showing liability insurance was in effect at the time of the accident.
  • Makes a security deposit with DMV to cover the cost of the accident.
  • Enters into an installment agreement to pay for the damages or injuries.
  • Submits evidence that the parties involved have settled the damage or money claims directly by filing a Release of Liability form with DMV.
  • Files a Security Deposit Assignment and Liability Release form with DMV.
  • Requests a hearing if they feel a judgment in the amount claimed could not be rendered or if they feel they were not at fault.

A safety responsibility suspension remains in effect until the uninsured motorist complies with one of the safety responsibility requirements listed above. The uninsured motorist may reinstate suspended privileges if, within one year of suspension, the DMV has not received notification of a pending lawsuit.

If you do get your license and/or vehicle registration gets suspended there are reinstatement requirements such as paying certain fees and filing proof of insurance (SR-22) with the state for 3 years.

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