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bizrsc1

non-injury AND non-damage "accident"

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I have a similar question, though not the same.  Just today we had a non-injury AND non-damage "accident" in the driveway of our home.  The only thing that happened to our neighbor's car was "paint transfer." There is NO damage to the neighbor's car.  MY car received the brunt of the damage.  As I understand it, this being in our driveway, it cannot receive a citation.  Is that right?  i live in the Village of Rochester, WI and we are under county Sheriff jurisdiction. 

 

Our neighbor (the mother) is a town clerk in the Town of Burlington, not far away from here.  They have given us many problems since we moved in here, including vandalizing and stealing things from us in our shared garage.  We have reported these incidents but the sheriffs and police have done nothing.  

 

Everything that happens with them they trump up.  I got two citations from them, one for "failure to report an accident," and one for "hit and run" and they charged me with 6 points for each, thus leaving me without a license if this were to be taken as is.  This is so extreme, so you can see what is going on here.  

 

I know the insurance company will not honor any claim because there is no damage.

 

I plan to put in a not guilty plea, but i would like to know whether they can even give me a citation on private property.  Thank you.

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 The only thing that happened to our neighbor's car was "paint transfer." There is NO damage to the neighbor's car.  

 

"Paint transfer" IS damage. Even if it costs a dollar to fix, it's still damage. And you can bet they are going to get a body shop estimate for a lot more than a dollar and your insurance WILL pay it and you won't have anything to say about it.

 

 

 

 

i would like to know whether they can even give me a citation on private property. 

 

Obviously they CAN give you a citation on private property because they DID give you a citation.

 

Your option is to plead not guilty and fight it.

 

I suggest you hire a lawyer for that since your driver license is at stake.

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Guest FindLaw_Amir

You may be interested in reading the following Wisconsin Statues:

 

To learn more about this subject matter, you may visit the Traffic Laws Center and read Traffic Tickets as a good resource. Also, as the previous poster mentioned, you may want to consult with a local Rochester, Wisconsin Traffic Ticket Lawyer to advise you further on what your rights are and how to proceed. Many lawyers do offer a free consultation.

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 I know the insurance company will not honor any claim because there is no damage.

 

I plan to put in a not guilty plea, but i would like to know whether they can even give me a citation on private property.  Thank you.

 

The vehicle doesn't have to be dented or have some operating malfunction to be damaged. That paint transfer is a form of damage -- it mars the look of the vehicle and lowers its value.

 

 

 

I plan to put in a not guilty plea, but i would like to know whether they can even give me a citation on private property.  Thank you.

 

Most of the WI rules of the road apply only to the public roadways. But WI statutes make an exception for accident reporting and hit-and-run. WI statute sections 346.67 to 346.70 contains the statutes regarding accident reporting and hit-and-run. Section 346.66 discusses the applicability of those section. Specifically, WI statute section 346.66 states:

 

 

(1) 
(a ) In addition to being applicable upon highways, ss. 346.67 to 346.70 are applicable upon all premises held out to the public for use of their motor vehicles, all premises provided by employers to employees for the use of their motor vehicles, and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof.
(b )Except as provided in sub. (2), ss. 346.67 to 346.70 do not apply to private parking areas at farms or single-family residences.
(c ) Sections 346.67 to 346.70 do not apply to accidents involving only snowmobiles, all-terrain vehicles, utility terrain vehicles, or vehicles propelled by human power or drawn by animals.
(2) 
(a ) Sections 346.67, 346.68, and 346.69 apply to the operator of a vehicle that, whether by operator intention or lack of control, departs a highway or premises described in sub. (1) (a) immediately prior to an accident if the accident does not occur on real property owned or leased by the operator.
(b ) Sections 346.675 and 346.70 apply to an accident described in par. (a).

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