This is a significant change in the law.  Previously, Wisconsin’s Financial Responsibility Law didn’t require motor vehicle liability insurance.  Drivers only needed to prove that adequate resources existed to cover any possible liability.  Now, Wisconsin drivers have no choice but to carry the following minimum liability insurance, updated January 2010: $50,000 for injury or death of one person; $100,000 for injury or death of two or more people; and $15,000 for property damage.   The law also requires uninsured and underinsured motorist coverage each with minimum limits of $100,000/$300,000 for bodily injury coverage.

If you fail to show proof of insurance after an accident or during a traffic stop, you may be fined $10.  But if you drive a motor vehicle without insurance, you could be fined up to $500!  And don’t even think about offering proof of insurance that is found to be fraudulent because you could be fined up to $5,000.

Rather than wonder or worry, call your local insurance agent to discuss your coverage.  With questions about the law and how it affects you and all Wisconsin drivers, call Brooks & Moeller, S.C.

Jennifer A. Moeller   5-26-10:  2 p.m.

Auto repair shops and car owners both can learn from a recently published 2009 case from the Wisconsin Court of Appeals, Kaskin v. John Lynch Chevrolet.  Mr. Kaskin’s truck was towed to Lynch Chevrolet for repairs.  The vehicle was less than a year old with approximately 3,300 miles on the odometer.  When Mr. Kaskin spoke with the service department by telephone, the preliminary cost estimate was zero; both sides anticipated that the repairs would be fully covered under the warranty.  But, they weren’t.  The repairs were done, and Lynch Chevrolet demanded that Mr. Kaskin pay nearly $5,000 before he could take his truck.  Needless to say, Mr. Kaskin was unhappy and sued the dealer in circuit court.  The case went up to the court of appeals and then back to circuit court, again.  To avoid such a debacle, there are some relatively easy things both sides can do.        

Mechanics and Technicians:     All repair facilities, large and small, should become familiar with the Agriculture, Trade & Consumer Protection laws found in the Wisconsin Administrative Code.  Among the requirements for repair facilities is obtaining customer authorization before any repairs are performed.  A written repair order is required for any repair that may exceed $50, and a shop representative must record the repair authorization on the written repair order.  Written repair orders are advisable for all work, even if under $50.  Written repair orders can also help a shop keep track of other aspects of its business, including parts inventory and billing.

Repair facilities must document the prior authorization for repairs.  When generating a repair order is a habit, it can be completed within minutes of a customer’s arrival so that a vehicle owner can sign to authorize repairs before the work proceeds.  If diagnosis takes longer, telephone calls and authorizations should be documented right on the repair order, days and times of conversations.

And the biggest lesson for repair facilities highlighted by the Kaskin case is that violations of the Wisconsin Administrative Code, in that case failure to obtain prior authorization, can result in a repair facility paying the other party’s costs, attorney fees and double damages!

Auto Owners:           A repair facility cannot keep your car or require you to pay for unauthorized repairs.  If they do, they run the risk of paying costs, attorney fees and double any damages you may suffer.  To avoid having to call an attorney at that point, remember your rights.

You have the right to authorize repairs before they begin.  This prior authorization must include a good faith price estimate.  This allows you to shop around or get a second opinion if you wish.  And if additional repairs are proposed beyond the initial authorization, you have a right to pre-approve the additional repairs with an updated good faith price estimate before anything further is done to your vehicle.  When dropping off a vehicle for service at a repair facility, be sure to review the repair order.  If you don’t receive one, ask for a repair order.

If you have questions or concerns about vehicle repairs and protection against complaints, call us.  All of our attorneys have represented businesses, large and small, as well as customers.  If you have questions, ask your lawyer, that’s what we’re for.

Jennifer A. Moeller with Stephen A. Kase

Not so fast, says the insurance company. Your policy protects you against hit and run drivers, but in your case, the driver ran, and then you were hit.  So, American Family argues, you shouldn’t be covered.  In Tomson v. American Family Mutual, the Milwaukee trial court agreed, and dismissed the Tomsons’ claim against American Family.  The Court of Appeals reversed that decision and sent the case back for trial.  The results of that trial won’t be known for awhile.

I suspect that most people buy auto insurance expecting that they will be protected against perils of the road, unless they intentionally cause their own loss.  Insurance companies don’t see it that way.  An insurance policy is just a contract with a company that agrees to pay you something under certain very specific circumstances, if you pay the premium when due.  If the company can avoid liability by claiming that you are not covered, it is likely that it will do so.  More profit for them.   In this case, the plaintiff was saved by a Wisconsin law, created by the legislature that requires the insurance company to protect you in minimal ways. To be safe, you should read your policy carefully.  No time?  Too confusing? Too much gobbledygook?  Well, then you take your chances.  Or, ask your lawyer, that’s what we’re for.   – Dana Brooks

Banks and credit unions have long pitched debit cards as a convenient and prudent way to buy. But a hidden risk is included as more financial institutions allow automatic overdrafts on the account.  Instead of refusing a transaction when there are no available funds to cover the transaction, they allow a customer to exceed their available balance – FOR A PRICE.  Banks are expected to earn more than $27 BILLION dollars this year from this overdraft “protection” service.

Since debit cards have become popular, you are often urged to use the card instead of writing a check.  That means, you typically don’t write down the transaction as you would with a check and you may lose track of your account balance.  Suddenly, you are overdrawn and the bank is there with a stiff fee to cover the difference.  The fee you pay is far larger than you might expect.

So be very careful with your debit card if you have one.  Make sure you ask about hidden fees or charges if you spend more than you have on account.  If you don’t understand the rules, ask your lawyer.  That’s what they’re for.

Steve Kase