If you were on “Official University Business and acting “within the scope” of your employment duties, the State of Oklahoma will respond to the claim by the “third party” against you. You must request defense from the State Attorney General’s office in writing. The State Attorney General’s office will then notify the plaintiff that the suit must be filed against the State of Oklahoma and not against you.

However, if you are acting outside the scope of your employment duties, you can be sued by a “third party” and named as a defendant in the lawsuit.

The definition of “Scope of Employment” in the Governmental Tort Claims Act is as follows: “Scope of employment: means performance by an employee acting in good faith within the duties of his office or employment or of tasks lawfully assigned by a competent authority including the operation or use of an agency vehicle or equipment with actual or implied consent of the supervisor of the employee, but shall not include corruption or fraud.”

Notify OSU Risk Management for specific instructions. You will be instructed on how to request defense from the Attorney General’s office. Be sure you have good written documentation from your point of view and keep all legal documents served to you.

OSU Risk, & Property Management
618 N. Monroe
Stillwater, OK
74078-1022
Telephone: 405-744-5981
Fax: 405-744-7888
Email: mike.bale@okstate.edu

When renting a car for official University business, it is recommended you use the University’s Enterprise contract or National Car Rental contract (XZ51D54) for the rental transaction. This contract provides for both Liability and Physical Damage protection at the contracted rates.  Your reservation can be made through OSU Transportation Services to make it easier for you to schedule, and to ensure the contract is in place.

 

If contracted vehicles are not available and you must use another rental agency, it is highly recommended to purchase the insurance offered by the rental agency.  If not, the liability for damage to the rental vehicle rests on the employee’s department in the event of an accident. There will be coverage gaps under Oklahoma Tort Law for certain types of damage and in some states Oklahoma liability limits may not be honored.

In order for the Oklahoma Governmental Tort Claims Act to provide coverage for a volunteer, the person must come under the definition of an “employee”. That definition is:

“Employee” means any person who is authorized to act in behalf of a political subdivision or the state whether that person is acting on a permanent or temporary basis, with or without being compensated or on a full-time or part-time basis.

If authorized to act in an official capacity, volunteers are provided protection as employees under the Oklahoma Tort Claims Act. Tort Liability Coverage is provided for volunteer actions only if performed “Within the scope of official University business.”

The University does not provide Worker’s Compensation coverage for volunteers. For specifics on Worker’s Compensation coverage call the benefits department in Human Resources or go to their website, http://www.okstate.edu/osu_per.

Depending upon the circumstances surrounding the injury, the State of Oklahoma may be legally obligated to pay for the medical expenses of an injured person. This situation is also covered under the provisions of the Oklahoma Governmental Tort Claims Act. Generally speaking, if the injuries resulted from the negligence of an OSU employee, a claim can be filed. Information on filing a claim can be found at here.

No. The Tort Claims Act specifically exempts work related injuries. These injuries should be reported to OSU Human Resources as a Workers Compensation claim. (http://www.okstate.edu/osu_per)

It is not recommended because additional passengers could increase the liability of the State in the event of an accident. However, state law does not prohibit passengers from riding in a State vehicle as long as the vehicle is continually being used for “Official State Business.” You cannot alter your course of travel even slightly to accommodate the passenger who is not on “Official State Business.”

No. Unless your spouse was designated as an official volunteer and designated to drive the vehicle they would not be provided coverage by the State.

No. State law prohibits the use of State vehicles for private purpose. See 47 O.S. Paragraph 159.7

If the OSU employee was on Official University Business, within the scope of employment, then the employee would not have to pay for the damage to the OSU vehicle. If the employee was using the University vehicle outside the scope of employment duties, the employee would be subject to reimbursing the University department for damages.

No. Employees are personally responsible for any traffic violations while on University business.

If you are on “Official OSU Business & within the Scope of that Business” the state Tort Claims Act would cover damage to a third party as a result of your negligence. The State would not cover damage to your vehicle. See State Attorney General’s Opinion No. 88-13 for 74 O.S. Supp. 1987, Paragraph 500.4(B). See also Oklahoma Governmental Tort Claims Act, 51 O.S. Supp. 1987, 151 et seq.

No, OSU does not provide personal property coverage. Employees should check their homeowner’s policy to determine if coverage is available and students should check their parent’s homeowner’s policy or investigate purchasing renter’s insurance.

The Scope of Employment form, when necessary, is electronically generated through our Riskonnect system. The appropriate intake form can be found here.

 

After completing the appropriate intake form, the Scope of Employment form will be sent to both the responsible employee and their supervisor via Adobe Sign email, then returned to Risk Management to be submitted to the State of Oklahoma.

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The Standard Liability Incident Report form, when necessary, is now electronically generated through our Riskonnect system. The appropriate intake form can be found here.

 

After completing the appropriate intake form, the Standard Liability Incident Report form will be sent to the responsible employee via Adobe Sign email, then returned to Risk Management to be submitted to the State of Oklahoma.

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