Can you as an employee get served papers for a car accident when the vehicle you were driving wasn't a work vehicle?

Asked over 1 year ago - Hayward, WI

I work for a local township. I, along with a fellow employee, was served with papers this week. He had a car accident a over a month ago. He had left work in his personal vehicle and gotten into a car accident. He was not cited with anything. His insurance company is paying the damages to the other person's vehicle. Now, however, she's obtained an attorney and served papers to us as employees of this government agency. Neither of us signed the papers, not knowing what the heck is going on. Now our employer's attorney is saying that we are both legally bound to sign those documents being employees of a government. Any insight?

Attorney answers (5)

  1. Ryan Alexander

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . There's little to be gained in avoiding service. A suit has to be defended. It could be a subpoena of some sort (although that would be unusually fast).

    Accept them, take them to your employer and/or the town's insurer. Your employer will handle it from there.

    Clark County, Nevada practitioner.
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Accept the papers and turn them over to your employer or insurance company.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. Scott Douglas Camassar

    Contributor Level 16

    5

    Lawyers agree

    Answered . Perhaps the person suing believes you guys were in the course and scope of your employment at the time of the accident. Accept service of the papers and immediately forward to whatever insurance company covered you at the time.

  4. John B. Edmondson

    Contributor Level 10

    3

    Lawyers agree

    Answered . This does not make a lot of sense...in part, likely, because we are missing information.
    In Wisconsin there is no need to sign anything to have a valid service accomplished. Process servers generally like a signature as proof of service, but they can just sign an affidavit stating service was accomplished...so it doesn’t make sense that an attorney is telling you need to sign anything under what you have described so far.
    Before suit can be filed in WI against a governmental entitys, a notice of claim and injury need to be filed/served...but that doesn’t require a signature either.
    So TELL US precisely...WHAT are the Documents you are being told you must sign??

    The above is general legal information that may or may not apply in your state. You should use this information... more
  5. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . I can see your friend being served, but why you? All you have to do is turn the claim over to your legal department. A lawyer will be assigned to defend you. You are being sued because the plaintiff feels that you were either coming from or going to work and that your employer will have deep pockets. Best of luck..

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more

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