Wis. Stat. » CHAPTER 344 — VEHICLES — FINANCIAL RESPONSIBILITY
Wisconsin Statutes

Wis. Stat. § 344.13 (2026)

Secretary to determine amount of security required following accident and to give notice thereof

✓ current as of July 2026
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344.13344.13 Secretary to determine amount of security required following accident and to give notice thereof.
344.13(1)(1) The secretary after receipt of a report of an accident of the type specified in s. 344.12 shall determine, with respect to such accident, the amount of security which is sufficient in the secretary’s judgment to satisfy any judgment for damages resulting from such accident which may be recovered against either operator or owner of the vehicles involved in such accident. Such determination shall be based upon the total property damage suffered by other persons whose property was involved in the accident, not including the vehicle a person was operating when such operation was with the owner’s permission, and on the extent of personal injuries, including deaths, involving other parties to the accident. The determination as to the amount of security required shall not be made with respect to operators or owners who are exempt from the requirements of security and suspension under s. 344.14 (2).
344.13(2)(2) The secretary shall determine the amount of security required to be deposited by each person on the basis of the accident reports or other information submitted. In addition to the accident reports required by law, the secretary may request from any of the persons, including passengers and pedestrians, involved in such accident such further information, sworn statements or other evidence relating to property damage, personal injury or death in motor vehicle accidents as deemed necessary to aid in determining the amount to be deposited as security under s. 344.14. Failure of a person to comply with such request is grounds for suspending such person’s operating privilege but no suspension shall be made on such grounds until one follow-up request has been made and at least 20 days have elapsed since the mailing of the first request.
344.13(3)(3) The secretary within 90 days after receipt of a report of an accident of the type specified in s. 344.12 and upon determining the amount of security to be required of any person involved in such accident or to be required of the owner of any vehicle involved in such accident, shall give at least 10 days’ written notice to every such person of the amount of security required to be deposited by the person. The notice also shall state that an order of suspension will be made as provided in s. 344.14, unless within such time security is deposited as required by the notice. The order of suspension may be made a part of the notice, with a provision that it will take effect on the date specified in this subsection unless security is deposited prior to that date.
344.13 HistoryHistory: 1971 c. 253; 1977 c. 29 s. 1654 (7) (c); 1977 c. 273; 1991 a. 269; 1997 a. 84.
344.13 AnnotationThe 90-day time limit under sub. (3) is directory, not mandatory. Warner v. DOT, 102 Wis. 2d 232, 306 N.W.2d 266 (Ct. App. 1981).
Notes of Decisions
Cited in 9 cases, 1969–1993 · leading case: Keane v. Auto-Owners Ins. Co., 464 N.W.2d 830 (Wis. 1991).
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Keane v. Auto-Owners Ins. Co., 464 N.W.2d 830 (Wis. 1991). · cites it 12× “Section 344.13(1), Stats. Within ninety days after receiving the accident report and determining the amount of the security deposit, the Department shall notify each person from whom a security deposit is required.”
Venne v. Lenk (In Re Lenk), 48 B.R. 867 (W.D. Wis. 1985). · cites it 3× “Wis.Stat. § 344.13 states in part: The secretary after receipt of a report of an accident of the type specified in s.”
Llamas v. Dep't of Transp., Div. of Motor Vehs., 320 F. Supp. 1041 (E.D. Wis. 1969). · cites it 5× “The complaint herein challenges the constitutionality of Sections 344.13 and 344.14 of the Wisconsin Statutes.”
Warner v. Dep't of Transp., 306 N.W.2d 266 (Wis. Ct. App. 1981). · cites it 2× “1 Section 344.13(3), Stats., provides: The secretary within 90 days after receipt of a report of an accident of the type specified in s.”
State v. Biljan, 501 N.W.2d 820 (Wis. Ct. App. 1993). “1992), in support of his contention that his suspension for failure to post a security deposit as required under sec. 344.13(1), Stats., does not remove him from sec.”
Schanche v. Est. of Alvarez, 368 F. Supp. 543 (E.D. Wis. 1973). · cites it 2× “13(1), 344.14(2) (1971). Furthermore, if a determination as to the amount of security has been made, later proof of the existence of such a policy satisfies the statute.”
Venne v. Lenk (In Re Lenk), 44 B.R. 814 (Bankr. W.D. Wis. 1984). “§ 344.13(1). The effect and intent of the Wisconsin Financial Responsibility Law is to create a trust, even though the statute does not explicitly refer to a “trust fund” or state that deposits will be “held in trust.”
F.T. v. State, 441 N.W.2d 322 (Wis. Ct. App. 1989). “1981) (provision in sec. 344.13(3), Stats., stating that the secretary of transportation "shall give.”
In Interest of FT, 441 N.W.2d 322 (Wis. Ct. App. 1989). “1981) (provision in sec. 344.13(3), Stats., stating that the secretary of transportation "shall give.”
— Wis. Stat. § 344.13(1) — 4 cases
Keane v. Auto-Owners Ins. Co., 464 N.W.2d 830 (Wis. 1991). “Section 344.13(1), Stats. Within ninety days after receiving the accident report and determining the amount of the security deposit, the Department shall notify each person from whom a security deposit is required.”
State v. Biljan, 501 N.W.2d 820 (Wis. Ct. App. 1993). “1992), in support of his contention that his suspension for failure to post a security deposit as required under sec. 344.13(1), Stats., does not remove him from sec.”
Schanche v. Est. of Alvarez, 368 F. Supp. 543 (E.D. Wis. 1973). “13(1), 344.14(2) (1971). Furthermore, if a determination as to the amount of security has been made, later proof of the existence of such a policy satisfies the statute.”
Venne v. Lenk (In Re Lenk), 44 B.R. 814 (Bankr. W.D. Wis. 1984). “§ 344.13(1). The effect and intent of the Wisconsin Financial Responsibility Law is to create a trust, even though the statute does not explicitly refer to a “trust fund” or state that deposits will be “held in trust.”
— Wis. Stat. § 344.13(2) — 1 case
Llamas v. Dep't of Transp., Div. of Motor Vehs., 320 F. Supp. 1041 (E.D. Wis. 1969). “The complaint herein challenges the constitutionality of Sections 344.13 and 344.14 of the Wisconsin Statutes.”
— Wis. Stat. § 344.13(3) — 4 cases
Keane v. Auto-Owners Ins. Co., 464 N.W.2d 830 (Wis. 1991). “Section 344.13(1), Stats. Within ninety days after receiving the accident report and determining the amount of the security deposit, the Department shall notify each person from whom a security deposit is required.”
Warner v. Dep't of Transp., 306 N.W.2d 266 (Wis. Ct. App. 1981). “1 Section 344.13(3), Stats., provides: The secretary within 90 days after receipt of a report of an accident of the type specified in s.”
F.T. v. State, 441 N.W.2d 322 (Wis. Ct. App. 1989). “1981) (provision in sec. 344.13(3), Stats., stating that the secretary of transportation "shall give.”
In Interest of FT, 441 N.W.2d 322 (Wis. Ct. App. 1989). “1981) (provision in sec. 344.13(3), Stats., stating that the secretary of transportation "shall give.”
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