Property - Claims Process

General property claims

1. Immediate action required at the time of an incident
2. Reporting an incident
3. Managing a claim

StepActionTimingActions
1.Action required at the time of an incidentImmediately
  • At the time of an incident, agencies and their employees must:
    • record details of the incident, including (if relevant) witnesses' names and contact details; and
    • contact the police (if a crime has been committed).
  • Where third parties are involved, agencies and their employees must not:
    • admit liability, either verbally or in writing; or
    • agree to pay or settle any third party costs.
2.Reporting an incidentWithin 24 hours of the incident
  • The Claims/Incidents Report Form must be completed, signed and faxed to the Fund Administration Agent, Jardine Lloyd Thompson Pty Ltd (JLT), within 24 hours of becoming aware of incidents which:
    • are likely to result in a claim; or
    • involve personal injury to a third party.
    (Please use the marine hull claim form for claims involving vessels.)

    Supporting documentation for transit claims (eg bill of lading or consignment note, invoice, claim on the carrier etc) should be attached to the claim form or separately forwarded to JLT as soon as they are available.
    • 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 Director of Public Prosecutions (and provide copies to JLT) - they often require immediate legal action. The DPP (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.
      • Agencies may have additional internal reporting requirements. These should be followed in accordance with agency guidelines.
      3.Managing a claimOngoingFund Administration Agent
        • JLT is responsible for administering all claims in accordance with written instructions provided by agencies and, where applicable, the Office of the DPP. This includes:
          • appointing and instructing loss assessors and/or investigators, if required;
          • providing claim management advice to agencies and, through agencies, to the Office of the DPP;
          • regularly providing agencies with reports on the progress of, and actual and outstanding costs associated with, each claim including copies of reports from investigators / loss assessors;
          • where required, negotiating settlements with third parties, or representing the agency in court, with regard to small claims (ie claims up to $5000) and, where appropriate, ensuring that a Deed of Release is prepared by the Office of the DPP to prevent further action; and
          • paying claim costs and settlements.
        Office of the Director of Public Prosecutions
          • The Office of the DPP must be involved in all negotiations, settlements, or court appearances regarding large or complex third-party claims. The Office of the DPP must also be advised whenever a legal demand is received by an agency.
            • The Office of the DPP will arrange for external legal assistance, in consultation with the agency, if it determines that it is required.
              Agencies
                • Agencies are ultimately responsible for the management of claims and must instruct JLT (in writing) and, where applicable, the Office of the DPP, regarding the management of those claims.

                Building claims

                1. Immediate action required at the time of an incident
                2. Reporting an incident
                3. Managing a claim

                StepActionTimingActions
                1.Action required at the time of an incidentImmediately
                • At the time of an incident, agencies and their employees must:
                  • take immediate action to minimise the extent of injury or damage and make the site safe (provided this can be done without putting themselves at risk);
                  • notify an appropriate agency contact (eg Manager, Facilities);
                  • record details of the incident, including witnesses' names and contact details; and
                  • contact the police (if a crime has been committed).
                • NOTE: In accordance with section 38 of the Work Health and Safety Act 2012, the regulator must be immediately advised of all incidents resulting in death or serious injury or illness (see section 36 for what constitutes a serious injury or illness), or a dangerous incident (see section 37 for what constitutes a dangerous incident), followed by a written report within 48 hours if required by the regulator.

                  In accordance with section 39 of the Work Health and Safety Act 2012, the employer must ensure so far as is reasonably practicable, that the site is not disturbed until an inspector arrives (or earlier if the inspector directs), unless this is necessary to assist an injured person for example.

                • Where third parties are involved, agencies and their employees must not:
                  • admit liability, either verbally or in writing; or
                  • agree to pay or settle any third party costs.
                2.Reporting an incidentWithin 24 hours of the incident
                • The Claims/Incidents Report Form must be completed, signed and faxed to the Fund Administration Agent, Jardine Lloyd Thompson Pty Ltd (JLT), within 24 hours of becoming aware of incidents which:
                  • are likely to result in a claim; or
                  • involve personal injury to a third party.
                • 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 Director of Public Prosecutions (and provide copies to JLT) - they often require immediate legal action. The DPP (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.
                  • Agencies may have additional internal reporting requirements. These should be followed in accordance with agency guidelines.
                  • If the property is leased, the property owners should also be advised of any incidents as they may have resulted in damage to the "base-building" (owner-responsibility) as well as to "fit out" (agency-responsibility).
                  3.Managing a claimOngoingFund Administration Agent
                    • JLT is responsible for:
                      • (following consultation with the agency) appointing and instructing a loss assessor and investigators, if required;
                      • providing claim management advice to agencies and, through agencies, the Office of the DPP;
                      • if requested by an agency, managing minor claims (up to $50 000), including appointing repair contractors, in accordance with government building and construction procurement guidelines;
                      • regularly providing agencies with reports on the progress of, and actual and outstanding costs associated with, each claim including copies of reports from investigators / loss adjusters;
                      • where required, negotiating settlements with third parties and ensuring that a Deed of Release is prepared by the Office of the DPP to prevent further action; and
                      • paying claim costs and settlements.
                    Agencies
                      • Agencies are responsible for:
                        • making the site safe and, if necessary, organising alternative accommodation. In order to expedite this process, agencies should consider agreeing a pre-determined cost limit with JLT. Agencies may then spend up to this limit without needing to consult with JLT first; and
                        • organising and supervising repairs or building works, including scoping the work, preparing documentation etc, in accordance with government building and construction procurement guidelines (agencies may choose to delegate the management of repairs valued at less than $50 000 to JLT). The loss assessor must be involved throughout this process.
                      • Agencies must also instruct JLT (in writing) and, where applicable, the Office of the DPP, regarding the management of third-party claims.
                        Office of the Director of Public Prosecutions
                          • The Office of the DPP must be involved in all negotiations, settlements, or court appearances regarding large or complex third-party claims. The Office of the DPP must also be advised whenever a legal demand is received by an agency.
                            • The Office of the DPP will arrange for external legal assistance, in consultation with the agency, if it determines that it is required.

                            Motor vehicle claims

                            1. Immediate action required at the time of an incident
                            2. Reporting an incident
                            3. Managing a claim

                            StepActionTimingActions
                            1.Action required at the time of an accident / incidentImmediatelyAction required at the time of an accident/incident:
                            • Ensure your own safety and the safety of others.
                            • Assist where applicable.
                            • 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 incidentWithin 24 hours of the incidentReporting 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 claimOngoingThe 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 DPP. 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 DPP;
                            • 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 DPP, (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 DPP 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 DPP or the Small Claims Tribunal.

                            Office of the Director of Public Prosecutions
                            • The Office of the DPP must be involved in all negotiations, settlements, or court appearances regarding large or complex third-party claims. The Office of the DPP must also be advised whenever a legal demand is received by an agency.
                            • The Office of the DPP 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 Director of Public Prosecutions (and provide copies to JLT) as immediate legal action is often required. The DPP (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)


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