Automobile Liability and Physical Damage Claims

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Presentation transcript:

Automobile Liability and Physical Damage Claims by Walter Lockhart

Walter Lockhart, Claims Supervisor Transportation /Road Hazards Units Phone: 225-342-8466 Fax: 225-342-4470 Email Walter.Lockhart@la.gov

ORM’S MAILING ADDRESS and WEBSITE Office of Risk Management P. O. Box 91106 Baton Rouge, LA 70821-9106 Doa.louisiana.gov/orm/

Transportation claims: Discussing automobile claims today Transportation claims:

Automobile liability and physical damage coverage State owned licensed vehicles used for State business Licensed vehicles rented and/or leased-used for State business

Proof of insurance for State vehicles Website:http://doa.louisiana.gov/orm Letter from J. S. Thompson, Jr. Place copy of letter in State vehicle See attachment #: 1

Personal vehicles used on State business See notice #:98-2 Reimbursement of the collision deductible up to $1000.00 or If auto has no collision deductible, maximum of $1000.00 per collision loss Collision, not comprehensive claims If other party/carrier pays your damages no payment from ORM See attachment #: 2a,2b Personal vehicles used on State business

Personal vehicles used on State business Registered owner’s primary insurance (liability and physical damage) follows vehicle in State of Louisiana State’s insurance is excess on liability coverage only if employee is within scope and permission.

What do you do after an accident? Get names, addresses and phone numbers of parties involved in accident Agency will complete DA 2041 form What do you do after an accident?

DA 2041 form for reporting Auto accidents to ORM http://doa.louisiana.gov/orm/formsCR.htm Mandatory that you complete the following lines: 1-15, 18-25, 30-37,39-42 and 44-55 Fax/email form to me within 48 hours See attachment #: 3,3a,3b,3c

DA 2041 form for reporting auto accidents to ORM All claims on State owned licensed vehicles and/or rented /leased vehicles on State business Employee reimbursement collision claims. (write “PERSONAL”) in place of State vehicle

“NO PAY,NO PLAY” (law effective on 9/6/1998) See notice #: 99-6 for further details No State agency and/or employee authorized to make any statements regarding payment of damages and/or medicals See attachment #: 4

PHYSICAL DAMAGE : FIRST PARTY CLAIMS (Part I) Claims on State owned licensed vehicles and/or a rented/leased vehicle on State business Claim assigned to adjuster

PHYSICAL DAMAGE: FIRST PARTY CLAIMS (PART II) Adjuster will review the DA 2041 If damages minor, adjuster will send letter asking agency if it wishes to make claim Agency sends two repair estimates and copy of police report to adjuster See attachment #: 5a,5b PHYSICAL DAMAGE: FIRST PARTY CLAIMS (PART II)

PHYSICAL DAMAGE: FIRST PARTY CLAIMS (PART III) If vehicle undrivable, ORM will hire appraiser to inspect vehicle. If repairable, adjuster will send copy (appraisal) to agency. If not, adjuster will advise agency vehicle deemed total loss and prepare paper work for agency signature. PHYSICAL DAMAGE: FIRST PARTY CLAIMS (PART III)

PHYSICAL DAMAGE SUPPLEMENTAL DAMAGES If supplemental damages after vehicle disassembled, repairer will contact ORM and/or appraiser. Additional damages must be agreed upon before being paid by ORM. All damages must be from accident. Old damages will be deducted. PHYSICAL DAMAGE SUPPLEMENTAL DAMAGES

PHYSICAL DAMAGE PAYMENT/SETTLEMENT If State vehicle repairable, ORM will receive final invoice and check for correctness and pay claim less deductible. PHYSICAL DAMAGE PAYMENT/SETTLEMENT

AUTOMOBILE PHYSICAL DAMAGE TOTAL LOSS See attached total loss letter for State vehicles deemed total loss Agency will send needed paperwork directly to LPAA on total losses ORM will subtract high salvage bid and agency will receive salvage proceeds from LPAA after sale of salvage See attachment #: 6a AUTOMOBILE PHYSICAL DAMAGE TOTAL LOSS

Proof of Loss form sent to agencies See attachment # 6b EXAMPLE

If adverse party at fault, we will turn this matter over to Subrogation Unit for recovery. Imperative that agencies cooperate by sending claims and having vehicles repaired in timely manner. Prescription period one year from date of loss. SUBROGATION

AUTOMOBILES LIABILITY : THIRD PARTY CLAIMS Agency will forward completed DA2041 form to ORM by fax or email Supervisor will assign claim to adjuster Adjuster will verify if claimant has liability insurance at time of accident Adjuster will send out form letter to claimant(s) If any injuries involved, ORM will assign claim to independent adjuster

Attached are questionnaires sent out by ORM on claims to the agencies Form #: T-1 for State vehicles (not sweepers) See attachment # 7 Form #: T-2 for State sweepers only See attachment # 8 ROCK PECK CLAIMS

WET MARINE AND AIRCRAFT CLAIMS Questions on Marine and/or aircraft claims, call me. WET MARINE AND AIRCRAFT CLAIMS

If agency/employee receives lawsuit on automobile accident, forward to ORM ASAP. LAWSUITS

AUTOMOBILE LIABILITY: THIRD PARTY CLAIMS ORM adjuster will review claim and decide whether there is liability on our driver. If so, damages will be paid based on percentage of liability. If no liability, claim will be denied. AUTOMOBILE LIABILITY: THIRD PARTY CLAIMS

DEDUCTIBLES EFFECTIVE ON 11/1/2002 Deductibles are as follows: Collision-$1000.00 Comprehensive-$1000.00 (includes all windshield claims) See notice #: 2003-2 for further details See attachment #: 9

REDUCTION OF AUTOMOBILE LIABILITY LIMIT Employee not on State business at time of accident Limits: 10/20/10 See notice #: 2002-1 See attachment #: 10

RENTED AND/OR COURTESY VEHICLES Rented Vehicles Courtesy Vehicles See notice #: 2001-2 See attachment #: 11 RENTED AND/OR COURTESY VEHICLES

INSPECTION OF RENTAL VEHICLES See notice #: 97-2 Need to inspect rental vehicles before and after using for damages Show rental person damages to vehicles so he/she can make notation on rental agreement before leaving lot See attachment #: 12

TOWING OF STATE VEHICLES See notice #: 97-1 Avoid having State vehicle towed to a wrecker yard If vehicle is towed to wrecker yard, give State vehicle location on DA 2041, address and phone number of wrecker yard See attachment #: 13 TOWING OF STATE VEHICLES

NOTE Work hours are: 6:30 a.m. to 5:00 p.m. Monday through Thursday Email DA 2041 forms/Fleet Messages to the new address:ORM-DA2041@la.gov NOTE