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Should Every Vehicle "Accident" Be Reported to the Risk Management Division (RMD)?
According to Vehicle Use and Access Rule OAR 125-155-0700(5): Drivers shall report to their agency and to DAS-RMD all collisions or accidents occurring to any vehicle while on state business.
So each crash must be reported to your agency. But, according to a rule interpretation, only crashes that result in a claim must be reported to RMD. Vehicle collision risks touch each of the three statewide coverages managed by RMD. Let’s take them one at a time.
Workers’ Compensation
If an employee is injured, a claim must be filed by the employee with SAIF, the state’s work comp insurer. The 801 must be in SAIF’s hands within 5 days of learning the employee was injured and sought medical treatment. The employee can be a driver, passenger, or pedestrian. The crash may have been in a state vehicle or private car. But the employee must have been in the course and scope of their job. Check with your agency Safety Advisor to learn how they want to be notified if you are hurt and file a claim.
Auto Liability
If a third party is injured or their property is damaged, and the state employee caused the collision, that third party must file a tort claim with RMD.
Give us a call if you think they may file a claim. There is no minimum dollar limit. Always call us right away if any car is towed or someone goes to the hospital – no matter whose fault it may be. The sooner we can start adjusting the claim the better.
You can call us even if you are driving your own car. But be sure to notify your insurance carrier too. Your own insurance is primary, even when you are on state business. Check with your agency Safety Advisor or Risk Coordinator to learn how they want you to notify them.
Damage To The State Car
Fortunately, most collisions result in minor damage. If the cost is under the self-insurance property deductible of $500 it does not need to be reported to RMD. But most agencies track any vehicle damage. They have to pay for repairs out of their operating budget. So check with your Safety Advisor or Risk Coordinator to learn what they want you to report to them. If you are driving a DAS fleet car, call the local Motor Pool to report any damage.
If damage is over $500 complete the Self-Insurance Property Report. Return it to RMD as soon as possible but no later than 90 days.
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Call us if you believe the other party could be at fault. We have better success of collecting from their insurance if we can get on it right away.
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Do not repair damage before you send us the claim.
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Call us if the state car is towed.
Why All The Paperwork?
The purpose of the reporting rule is two-fold.
First, reporting to your agency enables timely incident investigation and analysis. It allows for prompt corrective action of driving behavior. Or it allows your agency to understand why the incident occurred and make changes to prevent reoccurrence.
The vehicle rule requires "Agencies shall review each collision or accident involving any vehicle in use on state business. The review shall determine whether the collision or accident was preventable by reasonable safe driving techniques and recommend action to prevent recurrences. Agencies may use any objective panel for this purpose." Almost any crash is preventable using defensive driving techniques. The point of the review is not to assess blame. It is to learn from the incident and make changes to prevent it from happening again.
Second, prompt reporting to DAS-RMD is essential for effective claim handling. Adjusters are better able to value the claim, document damage, and when possible, seek subrogation. Not all incidents rise to the level of a claim. Only incidents that will result in a claim need to be reported to DAS-RMD. In some cases it may not be clear whether a claim will be filed. In such cases it will be an agency decision whether to notify DAS-RMD
Check with your agency Safety Advisor or Risk Manager. Learn about your agency safe driving requirements. Report promptly. Learn from past history.
Winter 00, Vol 14, No 2
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