What to do if my daughter was doing an errand for work and was in a car accident?

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What to do if my daughter was doing an errand for work and was in a car accident?

My daughter is 16 and works at an indoor sports place. While at work she was told to drive her own vehicle and pick up subs for a party that was taking place for customers in the building. While pulling out of the work parking lot, she was hit by incoming traffic. Is this a employer/workers comp claim or do I have to go through my/her insurance?

Asked on April 18, 2015 under Accident Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Because she was injured by another driver, one not connected with her job, this is not a worker's compensation matter or claim: this should be a straightforward negligence claim in an auto accident. If you have insurance that would cover, let your insurance pay you, then the insurerer will seek to be reimbursed by the other driver. If you don't have relevant insurance, you can ask to put a claim into the other driver's insurance, but if you don't know the insurer or they turn you down, your option would be to sue the other driver in court.


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