Legal Question in Traffic Law in Wisconsin

Employer responsiblity for on-duty personal vehicle accident?

Daughter backed into a car parked illegally in a through lane at her place of employment while summoned to use her personal vehicle to perform a work function. An officer came to the scene (on private property) and documented the incident as a Non-reportable Accident. Driver of parked car filed claim and has subrogation company requesting payment from us. Daughter's employer denies any responsibility for payment due to no injury between the involved parties. We believe that the employer should be involved and responsible since she was required to perform this function on the clock. Other notable information includes that this incident occurred in the eve (dark) with no parking lot lights. Ironically, since the incident, Starbucks has installed lighting in the location of the incident. I do not know if we are in the right of turning this over to the employer, or how to go about this. Any assistance would be greatly appreciated!!


Asked on 3/16/06, 6:56 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Re: Employer responsiblity for on-duty personal vehicle accident?

Your daughter clearly appears to be at fault in this accident. Since your daughter and the employer would, at best, be jointly and severally liable, fighting over this issue may not be worth the trouble. Consider just turning it in to your insurer and let them fight it out with the employer's insurer if necessary. If you are serious about fighting it, you should retain an attorney.

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Answered on 3/17/06, 2:56 pm


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