If an employee has an accident in an insuredcompany vehicle, to what degree can the employeebe personally held liable?

My fiance was involved in a traffic accident 2 years ago while driving a company truck. He was at-fault; however was not ticketed for the accident. Now, he has received a civil summons and his former employer, their insurance company, in addition to himself, are named as defendants. If the company has insurance covering such incidents, to what degree can he be held accountable?

Asked on September 27, 2010 under Accident Law, Wisconsin


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The fault - or negligence - of the driver is always at issue in a car accident.  But I am assuming that your concern here is whether or not he would be held personally responsible with regard to an award of damages.  Generally if he was involved in an accident that occurred during the course of his employment and the employer is insured, the employers insurance policy will kick in to defend and indemnify him in the accident and the lawsuit that follows.  He should send the summons with a letter to his ex employer and the insurance company by certified mail, return receipt requested demanding "indemnification" and a defense be given you.  I might also notify your own carrier a the time of the accident just to be on the safe side.  Good luck. 

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