Wisconsin § 893.12 - Advance payment of damages; limitation extended.

§ 893.12. Advance payment of damages; limitation extended.

The period fixed for the limitation for the commencement of actions, if a payment is made as described in s. 885.285 (1) , shall be either the period of time remaining under the original statute of limitations or 3 years from the date of the last payment made under s. 885.285 (1) , whichever is greater. 893.12 History History: 1979 c. 323 . 893.12 Note Judicial Council Committee’s Note, 1979: This section is created to place the statute extending statute of limitations when there has been a settlement and advance payment of claim for damages into the subchapter of chapter 893 on extension of statute of limitations. The provisions of prior s. 885.285 (4) are contained without change in newly created s. 893.12. [Bill 326-A] 893.12 Annotation Any payment made in advance or settlement of either personal injury or property damage claims, when the plaintiff has both, extends the limitation for a personal injury claim, if it is made within the three-year limit period of s. 893.54 (1). Abraham v. Milwaukee Mutual Insurance Co., 115 Wis. 2d 678 , 341 N.W.2d 414 (Ct. App. 1983). 893.12 Annotation This section does not apply to foreign causes of action. Section 893.07 (1) prevents this section from extending foreign statutes of limitations. Thimm v. Automatic Sprinkler Corp. of America, 148 Wis. 2d 332 , 434 N.W.2d 842 (Ct. App. 1988). 893.12 Annotation The tolling provision applies only to the party that received a settlement or advance payment under s. 885.285. It does not apply to a stranger to the settlement. Riley v. Doe, 152 Wis. 2d 766 , 449 N.W.2d 83 (Ct. App. 1989). 893.12 Annotation For a period of limitations to be extended under this section as the result of a “payment” by check, the check must be accepted and negotiated. Parr v. Milwaukee Building & Construction Trades, 177 Wis. 2d 140 , 501 N.W.2d 858 (Ct. App. 1993). 893.12 Annotation To be a payment under s. 885.285 that will toll or extend the statute of limitations, a payment must be related to fault or liability. Gurney v. Heritage Mutual Insurance Co., 188 Wis. 2d 68 , 523 N.W.2d 193 (Ct. App. 1994). 893.12 Annotation The waiver by the defendant medical provider in a medical malpractice action of the copayment portion of the amount due for the plaintiff’s medical treatment did not constitute a payment under this section or s. 885.285. Young v. Aurora Medical Center of Washington County, Inc., 2004 WI App 71 , 272 Wis. 2d 300 , 679 N.W.2d 549 , 03-0224 .