Wisconsin Statutes
Wis. Stat. § 345.05 (2026)
Municipal liability for motor vehicle accidents
✓ current as of July 2026
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345.05(1)(b)(b) “Governing body” means the county board with reference to counties, the town board with reference to towns, the legislative body of a city or village with reference to cities and villages and the board of any district, center or other municipality with reference to other municipalities enumerated in par. (c).
345.05(1)(bm)(bm) “Motor vehicle” does not include a vehicle that is exempt from registration under s. 341.05.
345.05(1)(c)(c) “Municipality” means any county, city, village, town, school district, sewer district, drainage district, commission formed by a contract under s. 66.0301 (2), and, without restriction because of failure of enumeration, any other political subdivision of the state.
345.05(2)(2) A person suffering any damage proximately resulting from the negligent operation of a motor vehicle owned and operated by a municipality, which damage was occasioned by the operation of the motor vehicle in the course of its business, may file a claim for damages against the municipality concerned and the governing body of the municipality may allow, compromise, settle and pay the claim. In this subsection, a motor vehicle is deemed owned and operated by a municipality if the vehicle is either being rented or leased, or is being purchased under a contract whereby the municipality will acquire title.
345.05(3)(3) A claim under this section shall be filed in the manner, form and place specified in s. 893.80. The limitations under s. 893.80 (3) are applicable to a claim under this section, except that the amount recoverable by any person for any damages, injuries or death in any action shall not exceed $250,000.
345.05(4)(4) In this section, judgments against municipalities shall be certified, filed and collected as provided in s. 66.0117 whether named therein or not.
345.05(5)(5) If the allowance of claim is by or the judgment is against any municipality lying in more than one town, city, village or county, the governing body of the debtor municipality shall prorate the amount of the claim allowed or the judgment and so certify to the proper officials for tax levy, so that the taxable property of the debtor municipality will equitably bear the amount of the claim or judgment.
345.05 HistoryHistory: 1975 c. 200; 1977 c. 285; 1979 c. 32 s. 92 (5); 1979 c. 221, 323, 355; 1983 a. 189 ss. 252, 329 (7), (31); 1983 a. 192; 1987 a. 377; 1999 a. 9, 85; 1999 a. 150 s. 672; 2001 a. 30; 2003 a. 321; 2009 a. 28; 2011 a. 32; 2021 a. 239.
345.05 AnnotationThis section is applicable when the injury can be traced to incidents of vehicle operation on the highway rather than a collateral use such as loading. Rabe v. Outagamie County, 72 Wis. 2d 492, 241 N.W.2d 428 (1976).
345.05 AnnotationThis section did not apply to an injury caused by negligent supervision of bus passengers. Hamed v. County of Milwaukee, 108 Wis. 2d 257, 321 N.W.2d 199 (1982).
345.05 AnnotationThough owned by the driver and not the county, a vehicle used to conduct actual business activity of a municipality is a motor vehicle under sub. (2). Manor v. Hanson, 123 Wis. 2d 524, 368 N.W.2d 41 (1985).
345.05 AnnotationCompliance with this section is a prerequisite for an action against a municipal employee. Gonzalez v. Teskey, 160 Wis. 2d 1, 465 N.W.2d 525 (Ct. App. 1990).
345.05 AnnotationDiscretionary act immunity under s. 893.80 is inapplicable to claims under this section. Frostman v. State Farm Mutual Automobile Insurance Co., 171 Wis. 2d 138, 491 N.W.2d 100 (Ct. App. 1992).
345.05 AnnotationA machine specifically included in the list of road machinery under s. 340.01 (52) is not a motor vehicle under this section regardless of its use. Schanke v. Wisconsin County Mutual Insurance Co., 177 Wis. 2d 746, 502 N.W.2d 866 (Ct. App. 1993).
345.05 AnnotationThe liability limits of this section do not extend to independent contractors from whom a government entity may have leased or rented a vehicle. The limits only apply if a claim is against the governmental unit based on a motor vehicle accident. Kettner v. Wausau Insurance Cos., 191 Wis. 2d 723, 530 N.W.2d 399 (Ct. App. 1995).
345.05 AnnotationAn action for inadequate supervision of operation and location of a county truck involved in a collision with the defendant’s car was an action involving the operation of a motor vehicle. Tso v. Delaney, 969 F.2d 373 (1992).
345.05 AnnotationEditorial: Broken Windshields and Busted Mailboxes: Municipal Liability for Motor Vehicle Negligence. Bauman. Wis. Law. Nov. 2002.
Notes of Decisions
Cited in 39
cases (6 in the last 5 years), 1969–2025 · leading case: Gonzalez v. Teskey, 465 N.W.2d 525 (Wis. Ct. App. 1990).
Gonzalez v. Teskey, 465 N.W.2d 525 (Wis. Ct. App. 1990). “However, when damage results from the negligent operation of a municipally owned or operated motor vehicle, sec. 345.05, Stats. — not sec. 893.80, Stats.”
Manor v. Hanson, 368 N.W.2d 41 (Wis. 1985). “2d 564 (1980) ("Sec. 345.05, Stats., by its plain language, refers only to the liability of state or municipal owner of the vehicle, not that of the employee driver.”
Kettner v. Wausau Ins. Companies, 530 N.W.2d 399 (Wis. Ct. App. 1995). “, is limited to those agents who have a *730 master-servant relationship with a government entity; (2) § 345.05, Stats., is inapplicable to this case because it pertains exclusively to municipal liability and not to independent contractors with whom the municipality may transact…”
Est. of Cavanaugh v. Andrade, 550 N.W.2d 103 (Wis. 1996). “See Wis. Stat. § 345.05 (3). The City and Andrade moved for judgment notwithstanding the verdict on the grounds that they were immune from liability.”
Gutter v. Seamandel, 308 N.W.2d 403 (Wis. 1981). “Sec. 345.05, Stats. 1975, is entitled “State and Municipal Liability for Motor Vehicle Accidents.”
Sambs v. City of Brookfield, 293 N.W.2d 504 (Wis. 1980). “The Wisconsin statutes limit the recovery of victims of highway defects to $25,000, sec.”
Est. of Cavanaugh Ex Rel. Cavanaugh v. Andrade, 528 N.W.2d 492 (Wis. Ct. App. 1995). “Because Officer Andrade is not afforded immunity where he is negligent with respect to the operation of a motor vehicle, because the liability limit under § 345.05, STATS., applies, and because James Cavanaugh can recover for medical expenses, we affirm the judgment on these…”
Shannon v. City of Milwaukee, 289 N.W.2d 564 (Wis. 1980). “, sets out the manner in which persons who suffer damage as a result of the negligent operation of motor vehicles owned and operated by the state or a municipality may file claims against such governmental entities.”
Rabe v. Outagamie Cnty., 241 N.W.2d 428 (Wis. 1976). “If sec. 345.05, Stats., extends to loading activity of the vehicle, most of the charged negligences would fall into its claim notice provisions and not under sec.”
State Farm Mut. Auto. Ins. v. Hunt, 2014 WI App 115 (Wis. Ct. App. 2014). “The damages recoverable from the county and its employee are capped by statute at $250,000, Wis. Stat. § 345.05 (3) (2011-12), and the Hunts claimed damages greater than that amount.”
Schanke v. Wisconsin Cnty. Mut. Ins., 502 N.W.2d 866 (Wis. Ct. App. 1993). “] The trial court determined that the piece of machinery at issue was technically a motor grader, but that the character of the motor grader changed when the county used it for snow and ice removal. The court concluded that since the motor grader was used as a snowplow and was…”
Frostman v. State Farm Mut. Auto. Ins., 491 N.W.2d 100 (Wis. Ct. App. 1992). “Tricia Notzke was driving west on Highway 10, a two-lane highway.”
— Wis. Stat. § 345.05(1) — 1 case
Manor v. Hanson, 368 N.W.2d 41 (Wis. 1985). “2d 564 (1980) ("Sec. 345.05, Stats., by its plain language, refers only to the liability of state or municipal owner of the vehicle, not that of the employee driver.”
— Wis. Stat. § 345.05(1)(bm) — 1 case
State v. Sohn, 535 N.W.2d 1 (Wis. Ct. App. 1995).
— Wis. Stat. § 345.05(2) — 12 cases
Manor v. Hanson, 368 N.W.2d 41 (Wis. 1985). “2d 564 (1980) ("Sec. 345.05, Stats., by its plain language, refers only to the liability of state or municipal owner of the vehicle, not that of the employee driver.”
Gonzalez v. Teskey, 465 N.W.2d 525 (Wis. Ct. App. 1990). “However, when damage results from the negligent operation of a municipally owned or operated motor vehicle, sec. 345.05, Stats. — not sec. 893.80, Stats.”
Kettner v. Wausau Ins. Companies, 530 N.W.2d 399 (Wis. Ct. App. 1995). “, is limited to those agents who have a *730 master-servant relationship with a government entity; (2) § 345.05, Stats., is inapplicable to this case because it pertains exclusively to municipal liability and not to independent contractors with whom the municipality may transact…”
Duncan v. Ehrhard, 461 N.W.2d 822 (Wis. Ct. App. 1990).
Hamed v. Cnty. of Milwaukee, 321 N.W.2d 199 (Wis. 1982).
— Wis. Stat. § 345.05(3) — 11 cases
Kettner v. Wausau Ins. Companies, 530 N.W.2d 399 (Wis. Ct. App. 1995). “, is limited to those agents who have a *730 master-servant relationship with a government entity; (2) § 345.05, Stats., is inapplicable to this case because it pertains exclusively to municipal liability and not to independent contractors with whom the municipality may transact…”
Est. of Cavanaugh v. Andrade, 550 N.W.2d 103 (Wis. 1996). “See Wis. Stat. § 345.05 (3). The City and Andrade moved for judgment notwithstanding the verdict on the grounds that they were immune from liability.”
Gonzalez v. Teskey, 465 N.W.2d 525 (Wis. Ct. App. 1990). “However, when damage results from the negligent operation of a municipally owned or operated motor vehicle, sec. 345.05, Stats. — not sec. 893.80, Stats.”
Est. of Cavanaugh Ex Rel. Cavanaugh v. Andrade, 528 N.W.2d 492 (Wis. Ct. App. 1995). “Because Officer Andrade is not afforded immunity where he is negligent with respect to the operation of a motor vehicle, because the liability limit under § 345.05, STATS., applies, and because James Cavanaugh can recover for medical expenses, we affirm the judgment on these…”
Schanke v. Wisconsin Cnty. Mut. Ins., 502 N.W.2d 866 (Wis. Ct. App. 1993). “] The trial court determined that the piece of machinery at issue was technically a motor grader, but that the character of the motor grader changed when the county used it for snow and ice removal. The court concluded that since the motor grader was used as a snowplow and was…”
— Wis. Stat. § 345.05(4) — 6 cases
Shannon v. City of Milwaukee, 289 N.W.2d 564 (Wis. 1980). “, sets out the manner in which persons who suffer damage as a result of the negligent operation of motor vehicles owned and operated by the state or a municipality may file claims against such governmental entities.”
Gonzalez v. Teskey, 465 N.W.2d 525 (Wis. Ct. App. 1990). “However, when damage results from the negligent operation of a municipally owned or operated motor vehicle, sec. 345.05, Stats. — not sec. 893.80, Stats.”
Linstrom v. Christianson, 469 N.W.2d 189 (Wis. Ct. App. 1991).
Gutter v. Seamandel, 308 N.W.2d 403 (Wis. 1981). “Sec. 345.05, Stats. 1975, is entitled “State and Municipal Liability for Motor Vehicle Accidents.”
Johnson v. City of Onalaska, 451 N.W.2d 466 (Wis. Ct. App. 1989).
— Wis. Stat. § 345.05(l)(bm) — 1 case
Schanke v. Wisconsin Cnty. Mut. Ins., 502 N.W.2d 866 (Wis. Ct. App. 1993). “] The trial court determined that the piece of machinery at issue was technically a motor grader, but that the character of the motor grader changed when the county used it for snow and ice removal. The court concluded that since the motor grader was used as a snowplow and was…”
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