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-709 - Reporting of State Automobile Liability and Physical Damage Claims

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 insurance
				  coverage for liability and physical damage to state-owned and leased licensed
				  vehicles and excess liability coverage for employee's private automobiles while
				  being operated with proper authorization during the course and scope of state
				  employment.
C. All claims for
				  liability or physical damage to state-owned and leased licensed vehicles are to
				  be reported to the Office of Risk Management's Transportation Claims Unit in
				  writing. If a loss involves property damage estimated at $5,000 or more or if a
				  loss involves any bodily injury, the loss is to be reported by telephone to the
				  Office of Risk Management Transportation Claims Unit.
D. All claims are to be submitted to the
				  Office of Risk Management, Transportation Unit, P.O. Box 91106, Baton Rouge, LA
				  70821-9106 on a DA 2041 (revised 12/98) accident report form. This form must be
				  completed within 48 hours after an automobile accident. These forms are
				  available through DOA/Forms Management and the Office of Risk Management's web
				  site,
www.doa.louisiana.gov/orm
E. The Automobile Accident Form (DA 2041)
				  must be completed and submitted to the Office of Risk Management,
				  Transportation Unit, P.O. Box 91106, Baton Rouge, LA 70821-9106 or faxed to
				  (225) 342-4470 within 48 hours after the accident occurred.
F. Automobile accident reports are to be
				  submitted with as much information as possible; however, if certain information
				  is unavailable, the report is to still be submitted. Information which is
				  unavailable can be obtained at a later date.
G. All lawsuits, demands, notices, summons,
				  or other legal documents pertaining to a claim against a state agency are to be
				  submitted 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 occurs or a claim arises, do not
				  assume any obligation or incur any expenses without authority from the Office
				  of Risk Management.
J. If repair or
				  replacement of a state vehicle is not completed within 12 months of the loss
				  date, or if approval is not obtained from the commission of administration
				  within the same period of time for expenditure of insurance proceeds for some
				  other purpose, the claim file will be closed.
K. More information relative to the reporting
				  of state automobile liability and physical damage claims such as reimbursement
				  of collision deductible on employees' personally-owned vehicle used on state
				  business, towing of state vehicles, reduction of automobile liability limit in
				  a special circumstance, rented motor vehicles and/or courtesy vehicles, and
				  guidelines for in-house repairs to state owned licensed vehicles can be found
				  on the Office of Risk Management's web site,
www.doa.louisiana.gov/orm
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1527, et
					 seq.