State Agencies Reporting A Claim

1. Timely and accurate reporting of claims is critical in order to protect the interests of the state and its employees. For reporting purposes, claims fall into one of three categories:

   a. Vehicle - losses arising from the use of state owned, leased, or courtesy vehicles, mobile equipment, and watercraft.

   b. Personal Injury - losses to 'non-state parties' arising from personal injury or property damage other than vehicles.

   c. Property - losses to state property other than automobile and personal injury arising from perils such as hail, windstorm, earthquake, fire, theft, etc.

2. After an agency or university has suffered a loss, the employee most familiar with the incident should immediately notify his/her supervisor and complete a Report of Incident form. For vehicular accidents, guidelines about what information to collect and what to say and do at the accident scene may be found in the Accident Form found in the vehicle glove box.
   
   
3. The immediate supervisor or designee will conduct an investigation to determine what happened, why it happened, and how the claim can be prevented from recurring.
   
   
4. Any catastrophic property loss or other loss which involves a fatality or bodily injury, should be telephoned by the immediate supervisor or designee to RMTD claims staff within 24 hours.
   
   
5. The immediate supervisor or designee must assure that a Report of Incident form is accurately completed, signed, and sent to RMTD within 5 business days. Claims that are not reported within 60 days may be denied.
   
   
6. A Report of Incident form should be initiated even if no injury or property damage resulted from the incident. An incident that occurs today with little consequence for the agency involved, may have serious consequences for others at some future date.
   
   
7. The Report of Incident form must contain only factual information. State personnel who are completing the reports should exercise caution not to place blame on other state employees or admit liability.
   
   
8. Do not furnish information on claims or lawsuits to unauthorized persons other than law enforcement officials. Obtain names and address of witness. Refer all other questions to RMTD.
   
   
9. In the event of a claim involving theft of money, securities, or other property, notify the police immediately and call RMTD claims staff as soon as possible.
   
   
10. Copies of the Report of Incident form shall be distributed as follows:

    ORIGINAL
    Risk Management and Tort Defense Division
    1625 11th Avenue
    P.O. Box 200124
    Helena, MT 59620-0124

    COPIES
    Department of Transportation, Organizational Development Bureau for claims involving motor pool vehicles. One copy of each report shall be maintained by the respective agency. If possible, photographs and diagrams of the losses should also be provided.

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