Insurance and Liability Issues

As a field oriented department, you may have the necessity to lead laboratory exercises into the field, away from Clark Hall. Therefore, transportation insurance and liability issues become important.
In general:

  • If you take your own car, your insurance is the primary coverer. The University's insurance may pick up additional costs over and beyond your own insurance if the General Counsels Office agrees that the accident occurred while official university business was being conducted.

  • The University is self-insured and has liability insurance for vehicles. The insurance will only cover accidents if they occur while official university business is being conducted.

  • Passengers in the state vehicle are covered by the university's policy.

  • Only state employees (TAs, RAs, workstudy, or hourly) or responsible students who are on official university business should be driving department vehicles.

If you are driving to a field site and a wreck occurs on the interstate which is the fault of driver of the state vehicle, then the state policy will cover everything.

If you are driving and are involved in an accident which is not your fault, then the other driver's insurance will pay for the damage and any other related costs. The university does have uninsured coverage and the policy will act as a secondary coverage.

If you are driving a class to the Eastern Shore and you decide to stop off by your parents' house to get laundry, which is on the way, you are not covered. State vehicles must only be used for state business.

If you are driving a class to the Eastern Shore and you decide to head in to West Point to eat at a really great restaurant, you are also not covered. State vehicles must only be used for official state business (Point A to Point B).

If you are driving a class to the Eastern Shore and you decide to stop at a restaurant along the road you are covered.

The following is from a document sent to the Department from the Office of Risk and Insurance Management. It contains more important information about the use of state vehicles.

UNIVERSITY/STATE VEHICLES:

  • All State-owned/University vehicles and certain leased vehicles are covered under the self-insurance program authorized by the Code of Virginia when used in the course of employment related duties or activities.

      "...shall become obligated to pay by reason of liability imposed by law for damages resulting from any claim arising out of any acts or omissions of any nature while acting in an authorized governmental or proprietary capacity and in the course and scope of employment or authorization."

  • The authorized driver is covered for acts of negligence (liability) while using an insured vehicle.

  • Passengers in University/State vehicles on authorized business are covered by the University's policy.

RENTAL VEHICLES - FOREIGN AND DOMESTIC RENTALS:

  • Short term leased (less than 30 days) vehicles are covered under the University/State program as excess over and above the primary insurance or any other available insurance.

  • Vehicles leased for one year or longer by an authorized lease agreement are covered if reported to the Office of Risk and Insurance Management (ORIM).

  • If you rent a vehicle for business related travel and limited personal travel we suggest you contact your personal insurance agent to determine the insurance coverage for your personal travel. Personal use of a University/State vehicle is not covered by the insurance program.

RENTAL OF VEHICLE WITHIN THE USA AND CANADA:

When you rent a vehicle (short term) for USA business related travel, do not purchase the collision of comprehensive or liability coverage offered by the rental firm. The University/State program provides insurance coverage.

RENTAL OF VEHICLE IN A FOREIGN COUNTRY (EXCLUDING CANADA):

If you rent a vehicle in a foreign country (excluding Canada) the State recommends the traveler purchase the local insurance, both the liability and collision.

PERSONAL VEHICLES:

  • Personal vehicles used for University/State business are covered under the University's liability program as excess over and above the vehicle owner's or any other available insurance.

  • Personal vehicles are not covered for any accident or other damage incurred while using the vehicle on University/State business.

AUTOMOBILE ACCIDENTS:

If a driver has an accident, regardless of who is responsible, while operating an owned or leased vehicle or their personal vehicle used on University/State business the driver shall:

  • Notify IMMEDIATELY the State Police and if not available the local police and your supervisor.

  • Within 48 hours of the accident the driver must notify:

    • Nationwide Insurance [(800) 421-3535]

    • The Office of Risk and Insurance Management [924-3055]

    • Complete the required automobile loss notice form.

  • Vehicle accidents occurring in a foreign country (excluding Canada) shall follow the local procedures for reporting accidents of this type and within 48 hours do the following:

    • Notify their supervisor

    • Notify the Office of Risk Management for additional advice or directions.

    • Complete the required automobile loss notice form.

COMMON AUTOMOBILE INSURANCE QUESTIONS:

If I am driving to a field site and a vehicle accident occurs on the way to the site, will the insurance program respond to those injured and damages done to the vehicle?

    Yes, if the accident is the fault of the insured driver. If the fault rests with the other driver, then they will respond to our damages. All accidents are to be reported per University policy. Fault will be determined by the facts of the accident, not who got the ticket. JUST BECAUSE THE DRIVER GETS A TICKET FROM THE POLICE OFFICER DOES NOT MEAN THE DRIVER WAS AT FAULT FOR THE ACCIDENT. IT ONLY MEANS YOU GOT A TICKET!

If I chose to leave my normal course of travel to a field site or I am driving a class to a field site and elect to do some personal business, such as picking up laundry or visiting a particular restaurant, will the insurance program respond to the accident?

    No. Insurance coverage is only provided for business related travel. Picking up laundry or other personal business is not business travel. Travel to a restaurant while on authorized business is covered if the restaurant is not a major deviation from the normal course of travel, i.e. Eastern Shore site and eat in Jamestown, VA. All personal travel with a University/State vehicle is not authorized.

If I have an accident, can the department secretary or administrator or anyone else other than the driver report the loss as specified by University policy?

    No. The driver was there and has specific details about the accident. This is important to the Police, Nationwide, and the Office of Risk Management.

What is the liability limit for the University/State that an injured person can collect? As the driver, what is my limit of liability?

  • The State's Limit of Liability under the RMP is $100,000 per claim.

  • The employee's or agent's Limit of Liability is $2,000,000 per claim.

If I am in an accident and the other party elects to sue me, who provides my legal defense?

    The Office of the Attorney General or their designee. Intentional acts of negligence are not covered under RMP and a legal defense is not provided. Students (agents) acting on behalf of the University are covered under the RMP.

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Last Modified: 9/24/96