Louisiana Administrative Code › Title 37 - INSURANCE › Part I - Insurance and Related Matter › Subpart 1 - Insurance and Related Matters › Chapter 7 - Reporting of Claims › Section I-719 - Reporting of Road and Bridge Hazard Claims (Department of Transportation and Development)

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  claims must be reported as soon as possible, but no later than the prescription
				  period outlined in Book III, Title 24, Chapter 4 of the Louisiana Civil Code.
				  In most cases, prescription periods are one year. ORM will pay only for covered
				  losses reported before one year from the date of the accident or discovery
				  date. Policy language clearly states: "...you must see to it that we are
				  notified as soon as practicable of an 'occurrence' or an offense which may
				  result in a claim." Failure to report potential claims as soon as possible
				  severely limits the ability of ORM to investigate the facts and may compromise
				  the state's legal rights to subrogation from a responsible third
				  party.
B. The state of Louisiana
				  provides road and bridge hazard liability coverage for bodily injury and
				  property damage claims resulting from the establishment, design, construction,
				  existence, ownership, maintenance, use, extension, improvement, repair, or
				  regulation of any state bridge, tunnel, dam, street, road, highway, or
				  expressway for which the agency could be held legally liable.
C. All road and bridge hazard claims are to
				  be submitted, in writing, to the Office of Risk Management on the DOTD/ORM
				  Report of Road Hazard Incident form. Forms can be obtained from the Office of
				  Risk Management's Road and Bridge Hazard Claims Unit or on the ORM web site,
www.doa.louisiana.gov/orm
.
D. Claims are to be submitted, in writing, to
				  the Office of Risk Management, P.O. Box 91106, Baton Rouge, LA
				  70821-9106.
E. If a loss is serious
				  in nature, it is to be reported by telephone to the Office of Risk Management
				  for review to determine if coverage is applicable.
F. Claims which are made against a state
				  agency by a third party are to be submitted to the Office of Risk Management
				  for review to determine if coverage is applicable.
G. All lawsuits, demands, notices, summons,
				  or other legal documents pertaining to a claim against a state agency are to be
				  forwarded immediately to the Office of Risk Management's Claim Office for
				  further handling.
H. Any objects
				  and/or products which may have caused, contributed to, or which are suspected
				  of causing an accident are to be retained and preserved as evidence.
I. If a loss or a claim arises, the agency is
				  not to assume any obligation or incur any expenses without authority from the
				  Office of Risk Management.
J. It
				  would be the responsibility of the district office of the Department of
				  Transportation and Development to verify the following:
1. that the alleged accident occurred on a
				  state maintained highway/road;
2.
				  existence of the damage;
3. whether
				  the state had knowledge of the defect prior to the alleged accident;
4. the existence of any contract which may
				  exist between the state and any municipality, contractor or other
				  party.