1600 East Century Ave
Suite 4
Bismarck, ND 58503-0649
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701.328.7585 fax
866.534.2834 toll free
Frequently Asked Questions - Vehicle Liability
- Can I use my personal vehicle while conducting state business?
- What coverage is available when a personal vehicle used for state business is involved in an accident?
- How does coverage apply to athletic courtesy/leased vehicles?
- An "authorized" non-state employee is in a state fleet vehicle and an accident occurs, will that passenger have coverage?
- Seatbelts... do I have to wear them?
- If I rent a car for state business, should I purchase the collision or liability insurance they offer?
- What if I need a seatbelt extension?
- How does coverage apply to athletic courtesy/leased vehicles?
Yes. It is statutory that employees shall use a state-owned vehicle whenever possible. N.D.C.C. § 54-06-09 (81kb PDF). However, state employees may obtain authorization from their supervisor to use their personal vehicle on state business.
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.
Automobile liability, comprehensive, and collision coverage is provided by the Risk Management Fund under the following conditions:
• The operator/driver must be an employee of the State of North Dakota;
• The vehicle must be used for state business;
• The employee must be operating within the scope of the employee’s employment (state business);
• The only occupants authorized in the courtesy/leased vehicle are employees of the State of North Dakota, with the exception of when the vehicle is being used for the purpose of recruiting (considered state business) and as a part of that duty it is deemed necessary to transport the potential recruit and/or the recruit’s family members in the vehicleIf the employee intends to use the courtesy/leased vehicle for personal use, which includes transportation of persons that are not employees of the State of North Dakota (i.e. family members, significant other), the employee must purchase his/her personal insurance coverage for that particular use. Risk Management will not cover losses under these circumstances. Proof of personal insurance must be provided to the designated department prior to any personal use. That designated department and Risk Management will provide guidance on the necessary levels of insurance coverage to purchase for the courtesy/leased vehicle.
Yes. Personal Injury Protection (PIP) provided by the Risk Management Fund automatically applies when a passenger in a state vehicle is injured.
Yes. State law and the State Fleet Services Policy Manual require the use of safety belts while operating a vehicle.
The Risk Management Fund provides liability coverage for vehicles rented for a period of thirty days or less used for official state business.
NOTE: Because of problems associated with administering long-distance claims, it is recommended that you purchase the collision and comprehensive liability insurance from the rental company if renting the vehicle in other countries (Canada, Mexico) and in states other than the Midwest, Plains and Mountain states.
Contact State Fleet Services for availability of extensions. Ensure that you reserve an extension when reserving a state fleet vehicle. Remember, you are "required" to wear a seatbelt to operate a state fleet vehicle.
Automobile liability, comprehensive, and collision coverage is provided by the Risk Management Fund under the following conditions:
- The operator/driver must be an employee of the State of North Dakota;
- The vehicle must be used for state business;
- The employee must be operating within the scope of the employee’s employment (state business);
- The only occupants authorized in the courtesy/leased vehicle are employees of the State of North Dakota, with the exception of when the vehicle is being used for the purpose of recruiting (considered state business) and as a part of that duty it is deemed necessary to transport the potential recruit and/or the recruit’s family members in the vehicle
If the employee intends to use the courtesy/leased vehicle for personal use, which includes transportation of persons that are not employees of the State of North Dakota (i.e. family members, significant other), the employee must purchase his/her personal insurance coverage for that particular use. Risk Management will not cover losses under these circumstances. Proof of personal insurance must be provided to the designated department prior to any personal use. That designated department and Risk Management will provide guidance on the necessary levels of insurance coverage to purchase for the courtesy/leased vehicle.
