Automobile Claims Reporting

• Timely and accurate reporting of automobile claims is critical in order to protect the interests of the state and its employees. Claims involving serious injuries or fatalities must be reported within 24 hours of the occurrence.

• Notification should be made to Risk Management whenever an incident occurs involving any state leased or owned auto (including rentals), regardless of fault. In situations where no injury or property damage occurred it is still wise to contact Risk Management.

• Risk Management shall notify the university's claims administrator of the loss.

• After an agency has suffered a loss, the employee most familiar with the incident should immediately report the loss and cooperate in the investigation including completion of any forms or court appearances that may be necessary.

• If a vehicle covered by collision incurs more than $1,000 worth of damage, two estimates should be obtained. Coverage will apply for the lower of the two estimates less the agency deductible. Not all work vehicles have collision coverage.

• When someone else causes damage to an insured auto, the risk management department will seek to recover the damages from them or their insurance carrier.

• Accidents occurring on-campus must be reported to Campus Police. All other accidents should be reported to the local police authority in the jurisdiction where it occurred.

• In most cases, the police report will serve as written verification of the loss.

• Responsibility for any tickets or fines levied against the driver becomes the sole responsibility of the driver.

• Damage to personal belongings of vehicle occupants is in most cases not covered.

• The university does not provide any insurance protection for damage to personal vehicles of students or employees used in conjunction with university business. In this case, the employee's or students insurance is considered primary for both automobile liability and physical damage exposures.

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General Liability Claims Reporting

• Incidents on our premises involving bodily injury or property damage to a third party require immediate notification to Risk Management.

• Under Ohio law, a Commercial General Liability claim that seeks to impose financial liability upon the state can be maintained only with the consent of the state. The claim may be asserted only in the proper forum and in accordance with the procedure provided for by the Court of Claims of Ohio per the Ohio Revised Code. If the claimant fails to comply with the designated procedure the state is immune from suit. It is not until a claim has been formally filed and is pending in the appropriate forum (the court of claims) that the university and its insurance carrier possess the authority to compromise and settle a claim.

• Information concerning the Ohio Court of Claims and instructions for filing a claim can be found on their website at http://www.cco.state.oh.us/

• The clerk of the court of claims by shall determine claims for $2,500 or less administratively based upon the information in the complaint form. The clerk of the court will notify BGSU of the filing and request an answer before making a determination. Civil actions against the state for more than $2,500 are determined by a judge of the court. The form of the complaint and practice and procedure are governed by the Ohio Rules of Civil Procedure and by the Local Rules of the Court of Claims of Ohio.

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Property and Equipment Losses

• The university carries property insurance to protect against direct physical loss or damage to its real or personal property from such perils as fire, windstorm, lightning, hail, explosion, flood and theft.

• When a loss occurs, it is the agency's responsibility to immediately notify Risk Management.

• All claims will be evaluated, adjusted, and settled either in-house by Risk Management or by an outside adjusting firm once the loss exceeds the policy deductible.

• A police report is to be filed on all claims involving theft and/or vandalism, or on any other claim of a suspicious nature.

• Only claims for property under the ownership and control of the university and in which the university has an insurable interest are covered.

• Most property claims will be adjusted on a replacement cost basis to coincide with overlying insurance coverage.

• Reimbursement will not exceed the cost to replace, repair, or restore the article to the condition that existed immediately before the loss. The intent is to restore the agency to pre-loss condition without enhancement.

• For equipment losses, a copy of the original purchase requisition or invoice is required to assist in valuing your claim.

• Vendors will be paid directly by Risk Management unless special accounting procedures or prior agreements exist.

• Covered property loses < $100,000 are paid from a self-insurance reserve account subject to a $500 per occurrence agency deductible.

• Losses paid from the reserve account shall be valued in accordance with the provisions of the overlying insurance coverage.

• No payment will be made for the loss of property that is broken, abandoned or obsolete and intended for removal or disposal by the insured.

• Coverage does not apply in situations where the determining cause of loss is solely attributable to deferred maintenance, normal wear & tear or deterioration.

• All salvage proceeds for property which risk management has made payment shall revert to risk management for deposit to the self-insurance reserve account.

• The University is not responsible for the loss of or damage to personal property of employees or students.

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Cash Losses

All cash losses should be reported to Campus Police and Internal Audit. Internal auditing will perform an audit to verify the amount of cash loss and make a recommendation as to the possible reimbursement of the amount of loss. It is important that any department having the responsibility for cash be familiar with the University's Cash Handling Procedures.

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Sexual Harassment & Discrimination

The Office of Equity and Diversity will serve as the resource for all claims of this nature.

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Lawsuits and Subpoenas

If a lawsuit is received it should be immediately forwarded to the Office of General Counsel at 308 McFall Center for review and handling.

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Contact Information

If questions arise that are not addressed here please contact Risk Management at 419-372-2127 for assistance.

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