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

Answers:

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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.