|1.||Action required at the time of an accident / incident||Immediately||Action required at the time of an accident/incident:|
- Ensure your own safety and the safety of others.
- Ring for an ambulance or ask a bystander to do so.
- Call the police if someone is injured, there is major damage, alcohol or illicit drugs are involved, or if the owner of any damaged property (vehicles, buildings, animals etc.) cannot be found. If police do not attend the accident, you must complete a self-reporting accident form at a police station within 24 hours.
- Exchange driver names, addresses, phone and licence number details; company names and addresses (if applicable); and insurance company and policy details.
- Note the make, model and registration number of other vehicles involved in the accident.
- Obtain witness names, addresses and phone numbers.
- If necessary, call the Government's Fleet Manager to arrange towing (remember to remove any valuables, including the Fuel Card).
- Do not admit liability, either verbally or in writing, or agree to pay or settle any third party costs.
- If a third party wishes to make a claim against an agency, he/she should be advised to contact the Fund Administration Agent, Jardine Lloyd Thompson Pty Ltd, (JLT).
|2.||Reporting an incident||Within 24 hours of the incident||Reporting an incident:|
- All incidents must be reported by the driver to the responsible agency representative within 24 hours.
- If the incident is likely to result in a claim, the agency representative will advise the driver to complete a motor vehicle claim form and obtain two quotations from the Government Fleet Manager's approved repairers (as advised by the agency representative). The agency representative will forward the completed claim form and the quotations to JLT.
(NB: When drawing a diagram of the accident on the claim form, show vehicle direction, resting place and street names. Also include road signs, eg "Stop" or "Give Way").
- The agency representative must notify the Fleet Manager of all incidents involving the Government Fleet vehicles.
- Agencies may have additional internal reporting requirements. These should be followed in accordance with agency guidelines.
|3.||Managing a claim||Ongoing||The Fund Administration Agent|
JLT is responsible for administering all over-excess claims in accordance with written instructions provided by agencies and, where applicable, the Office of the Solicitor-General. This includes:
- checking that claim documentation is correct and complete - incorrect or incomplete documentation will be returned to the agency for correction;
- appointing and instructing loss assessors and/or investigators, if required;
- obtaining a police report, if necessary and available;
- advising the agency representative (by fax) details of the repairer who has been authorised to proceed with repairs;
- providing claim management advice to agencies and the Office of the Solicitor-General;
- regularly providing agencies with reports on the progress, and actual and outstanding costs associated with each claim, including copies of reports from investigators / loss adjusters;
- dealing with third parties and/or their insurers including recovering or paying costs as appropriate and, where required, negotiating settlements and ensuring that an agreement to settle (offer & acceptance) is completed to prevent further action;
- if required, representing an agency in court with regard to small claims (ie claims up to $5 000); and
- paying claim costs and settlements.
Under Excess Claims
Agencies are responsible for managing under excess claims (ie claims where the total cost of the claim, including third party costs, is less than the excess amount). JLT can provide assistance if an agency requests, for a fee.
Agencies must follow government procurement requirements (see the Buying for Government section at www.purchasing.tas.gov.au) when organising repairs. Agencies must not authorise repairs for vehicles leased through the Government's Fleet Manager without the prior consent of the Fleet Manager.
When dealing with third parties:
- if the agency accepts liability - the third party should be requested to make a written claim and attach two written quotations. The agency should seek to settle the claim based on the lowest quotation;
- if the third party is at fault:
- contact the third party seeking reparation either from the third party's insurance company or directly; and
- if the third party fails to respond, the agency will need to decide whether to persist with recovery either through the Office of the Solicitor-General, (however, the agency should weigh up the cost of obtaining advice which may be in the region of $150 - $200 per hour, against the likelihood of successfully recovering the funds from the third party) or by making a minor civil claim through the Magistrates Court. Note that agencies must present their own cases in Court when making a minor civil claim, although they may seek prior legal advice from the Office of the Solicitor-General if required (see Magistrates Court and then select Divisions of the Court / Civil for advice on making a claim and court procedural information);
- if fault is disputed - the agency should seek to minimise costs, either by negotiating with the third party or, if necessary, by referring the matter to the Office of the Solicitor-General or the Small Claims Tribunal.
Office of the Solicitor-General
- The Office of the Solicitor-General must be involved in all negotiations, settlements, or court appearances regarding large or complex third-party claims. The Office of the Solicitor-General must also be advised whenever a legal demand is received by an agency.
- The Office of the Solicitor-General will arrange for external legal assistance if it determines, in consultation with the agency, that it is required.
Important: If any legal demands (including court documents) are received by an agency, it must immediately advise, and forward the documents to the Office of the Solicitor-General (and provide copies to JLT) as immediate legal action is often required. The Office of the Solicitor-General (and JLT) must also be immediately advised of details of any impending inquests or official enquiries. Any other communications from third parties must be immediately forwarded to JLT.
Checklist for LeasePlan vehicles
TRMF - Motor Vehicle Accident Incident Checklist.pdf (32Kb)