Wisconsin Statutes
Wis. Stat. § 344.52 (2026)
Financial responsibility for foreign rented vehicles
✓ current as of July 2026
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344.52(1r)(1r) Whenever any motor vehicle rented for compensation outside this state is operated in this state, the lessor of the motor vehicle is directly liable for all damages to persons or property caused by the negligent operation of the rented vehicle unless, at the time when the damage or injury occurs, the operation of the rented vehicle is effectively covered by a policy of insurance that provides coverage at least in the amounts specified in s. 344.01 (2) (d) for property damage, personal injury, or death suffered by any person on account of the negligent operation of the rented vehicle. The amount of liability imposed upon the lessor by this section in the absence of insurance coverage shall not exceed the limits set forth in s. 344.01 (2) (d) with respect to the acceptable limits of liability when furnishing proof of financial responsibility. The fact that the rented vehicle is operated in this state contrary to any understanding or agreement with the lessor is not a defense to any liability imposed by this section.
344.52(2)(a)(a) If a motor vehicle rented for compensation outside this state is operated in this state, the lessor of the vehicle is considered to have irrevocably appointed the secretary as the agent or attorney upon whom legal process may be served in any action or proceeding against the lessor or the lessor’s personal representative, successors, or assigns, growing out of the operation of the rented motor vehicle in this state, which appointment is binding upon the lessor’s personal representative, successors, or assigns. The operation of the rented motor vehicle in this state is a signification of the lessor’s agreement that legal process or notice may be served upon the lessor or the lessor’s personal representative, successors, or assigns and that process or notice so served has the same legal force as if personally served upon them in this state.
344.52(2)(b)(b) Service of process or notice under par. (a) shall be made as provided in s. 345.09. This section does not affect the right to serve process or notice on the nonresident operator of the rented motor vehicle as provided in s. 345.09.
344.52 AnnotationUnlike the domestic financial responsibility statute, s. 344.51, this section does not require a lessor to file a bond or insurance policy with the state, but instead requires that some insurance policy provide coverage up to the statutorily required amount. If such a policy exists, the lessor will be held directly liable for damages caused by the negligent operation of the vehicle up to the statutory amount. This section explicitly covers any motor vehicle rented outside this state but operated in this state. It is irrelevant that a vehicle was maintained and operated in Wisconsin because both statutes contemplate that possibility. Casper v. American International South Insurance Co. 2010 WI App 2, 323 Wis. 2d 82, 779 N.W.2d 445, 06-1229, decided on other grounds 2011 WI 81, 336 Wis. 2d 267, 800 N.W.2d 880, 06-1229.
Notes of Decisions
Cited in 10
cases, 1964–2009 · leading case: Casper v. Am. Int'l South Ins., 2010 WI App 2 (Wis. Ct. App. 2009).
Casper v. Am. Int'l South Ins., 2010 WI App 2 (Wis. Ct. App. 2009). “They argue that because the lease agreement between the parties was executed outside of Wisconsin, the foreign financial responsibility statute, § 344.52, applies. The Caspers ask us to uphold the circuit court's finding that a question of material fact exists, but contend that,…”
Grabski v. Finn, 630 F. Supp. 1037 (E.D. Wis. 1986). “Wis.Stat. § 344.52 (1983-1984). Contrary to the plaintiff’s contention, Wisconsin’s section 344.”
Fritsche v. Ford Motor Credit Co., 491 N.W.2d 119 (Wis. Ct. App. 1992). “It argues that sec. 344.52, Stats., required Ford to set aside such a fund.”
Boatright v. Spiewak, 570 N.W.2d 897 (Wis. Ct. App. 1997). “” 9 In any event, this interpretation ignores the qualification in § 344.52(2), Stats., that liability extends only to the amount that could have been established if § 344.”
Prophet v. Enter. Rent-a-car Co., Inc., 2000 WI App 171 (Wis. Ct. App. 2000). “] §§ 344.52 and 632.32, ... a self-insuring out-of-state rental car agency is not required to provide uninsured motorist coverage.”
Janikowski v. State Farm Mut. Auto. Ins., 523 N.W.2d 130 (Wis. Ct. App. 1994). “, National was required to provide UM coverage, and thus, National should reimburse American Family the money American Family paid to Sylvia.”
Am. Fam. Mut. Ins. v. Reciprocal Ins. Serv. Exch. Mgmt., 330 N.W.2d 223 (Wis. Ct. App. 1983). “, similarly to sec. 344.52, Stats. To date, sec. 344.51(2) has not been the subject matter of any reported litigation, but a companion statute, sec.”
Janikowski v. State Farm Mut. Auto. Ins., 523 N.W.2d 130 (Wis. Ct. App. 1994). “We hold, however, that whether or not an out-of-state lease agreement is an insurance policy is irrelevant *426 because, under §§ 344.52 and 632.32, STATS., a self-insuring out-of-state rental car agency is not required to provide uninsured motorist coverage.”
Am. Fam. Mut. Ins. v. Reciprocal Ins., 330 N.W.2d 223 (Wis. Ct. App. 1983). “, similarly to sec. 344.52, Stats. To date, sec. 344.51(2) has not been the subject matter of any reported litigation, but a companion statute, sec.”
Herchelroth v. Mahar, 129 N.W.2d 140 (Wis. 1964). “Second, even if “use” means something different from “operation” the statute does not apply to corporations because it provides for service upon a nonresident or his executor, administrator, or personal representative without any reference to successors and assigns.”
— Wis. Stat. § 344.52(1) — 1 case
Fritsche v. Ford Motor Credit Co., 491 N.W.2d 119 (Wis. Ct. App. 1992). “It argues that sec. 344.52, Stats., required Ford to set aside such a fund.”
— Wis. Stat. § 344.52(1r) — 1 case
Casper v. Am. Int'l South Ins., 2010 WI App 2 (Wis. Ct. App. 2009). “They argue that because the lease agreement between the parties was executed outside of Wisconsin, the foreign financial responsibility statute, § 344.52, applies. The Caspers ask us to uphold the circuit court's finding that a question of material fact exists, but contend that,…”
— Wis. Stat. § 344.52(2) — 1 case
Boatright v. Spiewak, 570 N.W.2d 897 (Wis. Ct. App. 1997). “” 9 In any event, this interpretation ignores the qualification in § 344.52(2), Stats., that liability extends only to the amount that could have been established if § 344.”
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