If a state fleet vehicle was available and the state employee chose to use his or her personal vehicle, the employee's personal vehicle insurance would be primary. The employee's insurance would be the coverage for all of the damages resulting from the accident, i.e. physical damage to all of the vehicles and injuries to occupants of other vehicles. In addition, any insurance deductible payment would be the employee's responsibility. In the event that the employee's liability insurance limits become exhausted, the Risk Management Fund would then apply on an excess basis up to the limits. Of course, if the accident is the other party's fault, that party’s liability insurance should be responsible for property damage and/or injuries sustained.

If a state fleet vehicle was not available, the Risk Management Fund would be primary, covering damages to other vehicles (third parties) and injuries to occupants of other vehicles. The state of North Dakota provides "third-party" liability coverage and does not pay for physical damage to an employee's personal vehicle.

Injuries to state employees are covered by the Risk Management Worker's Compensation Program.

NOTE: If the employee was using her or her personal vehicle, Risk Management will need documentation from the employee's supervisor verifying that the employee was conducting official state business at the time the accident occurred.