Insurance for Coordinated Transportation Provider-Owned Vehicles

The following required minimum insurance limits apply to transportation providers doing business with the State of Georgia.[1] To achieve the appropriate coverage levels, a combination of a specific policy written with an umbrella policy covering liabilities limits is acceptable.[2]

An organization, both for-profit and non-profit, who utilizes its privately-owned vehicles to transport consumers and/or provide services in the Coordinated Transportation System is responsible for securing its own vehicle insurance coverage.

The State requires that all policies must contain a provision that coverage afforded under the policies shall not be canceled, changed, allowed to lapse, or allowed to expire until thirty (30) calendar days after written notice has been given to the certificate holder on the certificate of insurance. All such coverage shall remain in full force and effect during the initial term of the agreement and any renewal or extension thereof.

For contractors operating privately owned vehicles, all policies must be issued by an insurance company licensed to do business in the State of Georgia with a minimum A.M. Best Rating Services rating of A- and signed by an authorized agent. Contractors will provide proof of their A.M. Best rating to the Regional Transportation Office (RTO) by providing a copy of their Certificate of Insurance and a printout of their insurance company’s rating from www.ambest.com/home/default.aspx. The rating will be validated by the RTO on an annual basis and/or during the contract renewal process.

INSURANCE

The following requirements shall be adhered to by Contractors throughout the duration of the Contract, and as may otherwise be specified herein. Contractor shall procure and maintain insurance that shall protect the Contractor and the Department from any claims for bodily injury, property damage, or personal injury that may arise out of operations under the Contract. Contractor shall procure the insurance policies at its own expense and shall furnish the Department an insurance certificate of the coverage required in this section listing the Department as certificate holder. In addition, the insurance certificate must provide the name and address of the insured, name, address, telephone number and signature of the authorized agent; the name of the insurance company (licensed to operate in Georgia); a description of the coverage in detailed standard terminology (including policy period and limits of liability); and, an acknowledgment that notice of cancellation is required to be given to the Department. Contractor is required to obtain and maintain the following types of insurance coverage for the duration of the Contract:

INSURANCE FOR PROVIDERS WHO OWNED/OPERATE VEHICLES

  1. Workers Compensation Insurance (Occurrence) in the amounts of the statutory limits established by the General Assembly of the State of Georgia in Title 34, Chapter 9 of the O.C.G.A. (A self-insurer must submit a certificate from the Georgia Board of Workers Compensation stating that Contractor qualifies to pay its own workers compensation claims). Contractor shall require all subcontractors that are required by statute to hold workers compensation insurance and that occupy the premises or perform work under this Contract to obtain an insurance certificate showing proof of Workers Compensation Coverage.

  2. Commercial General Liability Policy (Occurrence) to include contractual liability. $1 million per occurrence/$2 million dollar aggregate policy limits.

  3. Business Auto Policy (Occurrence) to include but not be limited to liability coverage on any owned, non-owned and hired vehicle used by Contractor or Contractor’s personnel in the performance of this Contract. For vehicles with a seating capacity of 15 or less: $3 million dollar combined single limit. For vehicles with a seating capacity greater than 15: $5 million dollar combined single limit.

  4. Commercial Umbrella Policy (Occurrence). $2 million dollar limit. An umbrella policy may cover the aggregate policy limits required herein. There must be no gap between the $1 million and $2 million dollar policy limits and the umbrella policy must follow the form of the underlying $1 million primary policy.

The Contractor’s policy containing coverage amounts with higher limits than stated above will satisfy the requirements of this paragraph.

The foregoing policies shall contain a provision that coverage afforded under the policies will not be canceled, or not renewed or allowed to lapse for any reason until at least 10 days prior written notice has been given to the Department. Certificates of Insurance showing such coverage to be in force shall be filed with the Department prior to commencement of any work under this Contract. The foregoing policies shall be obtained from insurance companies licensed to do business in Georgia and shall be with companies acceptable to the Department. All such coverage shall remain in full force and effect during the initial term of the Contract and any renewal or extension thereof. At all times, coverage shall be within limits acceptable to the Department.

INSURANCE FOR PUBLIC ENTITIES/PUBLIC ENTITIES PARTICIPATING IN SELF- INSURANCE PROGRAMS

  1. Contractor shall, at its sole cost and expense, obtain, and during the entire term of this Contract, maintain, in full force and effect, the insurance coverage described in this Paragraph, protecting the Contractor and the Department, to the fullest extent allowed by law and up to the required limits, against any claims for damages, including but not limited to, bodily injury, damage to or destruction of property, or personal injury, arising out of the operations under the Contract.

  2. Contractor shall secure such insurance coverage either: (a) from an insurance carrier or carriers licensed to conduct business in the State of Georgia and having an A.M. Best Company rating of A-, Class VII or better, unless specific approval has been granted by the Department; (b) through a self-funded Risk Management Plan pursuant to O.C.G.A. § 45-9- 21, et seq.; or (c) any combination thereof. Specifically, Contractor shall provide the minimum acceptable limits of liability as follows:

    1. Workers Compensation and Employer’s Liability (Occurrence) in the amounts of the statutory limits established by the General Assembly of the State of Georgia in Title 34, Chapter 9 of the O.C.G.A. (A self-insurer shall submit to the Department a certificate from the Georgia Board of Workers Compensation stating that Contractor qualifies to pay its own workers compensation claims). Contractor shall require all subcontractors that are required by statute to hold workers compensation insurance and that occupy the premises or perform work under this Contract to obtain an insurance certificate showing proof of Workers Compensation Coverage.

    2. Commercial General Liability (Occurrence) to include contractual liability. Contractor shall self-fund all general liability losses up to $2,000,000. Any losses which exceed the self-funded amount will be covered by Excess liability coverage.

    3. Business Automobile Liability, in accordance with O.C.G.A. § 33-24-51 and in the amounts of the statutory limits established under O.C.G.A. § 36-92-2, to include, but not be limited to liability coverage on any owned, non-owed and hired vehicle used by Contractor or Contractor’s subcontractors, agents or representatives in the performance of this Contract. Contractors who do not own vehicles that are operated by their personnel should notify their Regional Transportation Office and obtain guidance.

    4. Excess Liability (Commercial Umbrella Insurance) (Occurrence). Contractor shall self-fund the $2,000,000 self-insured retention (SIR) amount.

Accident and Incident Reporting

Incidents and accidents involving consumers, providers, coordinated system vehicles and/or Department of Human Services (DHS)/Department of Behavioral Health and Developmental Disabilities (DBHDD) titled vehicles MUST be reported in a timely manner by the driver to their supervisor or designated insurance coordinator, who should contact the RTO. The organization must immediately report the vehicle accident or consumer injury as outlined below. Failure to report as outlined could result in the transfer or reassignment of a DHS and/or DBHDD vehicle.

For vehicle accidents, call:

  • 911 and inform the police of the accident or property damage in order to obtain a police report – a formal accident report must be filed if an accident involves another vehicle

  • The emergency contacts for each consumer involved in the accident, including all passengers in the vehicle

  • The appropriate RTO

For consumer-related incidents, call:

  • 911, if applicable

  • The emergency contact for each consumer involved in the incident

  • The appropriate RTO

Accident Reporting to The RTO:

All accidents and incidents involving consumers while under the supervision of the Transportation Provider (TP) must be reported to the RTO using Appendix 24 – Vehicle Operator Initial Accident and Incident Reporting Form within 2 hours. This includes accidents involving the vehicle or property damage as well as consumer-related incidents such as injuries, assaults, and inappropriate behavior. If the accident or incident occurs on a weekend, holiday, or after hours, it must be reported by the next business day. The RTO sends email notification of the accident or incident to the District Operations Manager (DOM) and the Fleet and Risk Manager. The DOM and the Fleet and Risk Manager notify other appropriate DHS staff, as needed.

Accident and Incident Reporting to The RTO by The Transportation Provider:

  1. TP completes Appendix 24 – Vehicle Operator Initial Accident and Incident Reporting Form and submits to the RTO within 2 hours of the accident/incident,. The initial email subject line should read:

    • Region X - Accident or Incident-Date of occurrence - Contractor Name and Subcontractor Name

    • Example: Region 9 - Accident on 9/22/2016 - Contractor: Heart of Georgia RC - Subcontractor: Quality Trans.

  2. Within five business days, TP completes and submits Appendix 25 – Vehicle Operator Accident and Incident Follow-Up Reporting Form and all supporting documentation to the RTO via email. Supporting documentation includes written incident reports, police reports (if applicable), accident reports, and any other items pertinent to the incident, such as photographs and videos. Email this information to your DOM and the Fleet and Risk Manager. The e-mail subject line for updates should read:

    • UPDATE: Region X – Accident or Incident - Date of occurrence - Contractor Name and Subcontractor Name

    • Example: UPDATE: Region 9 - Accident on 9/22/2016 - Contractor: Heart of Georgia RC - Subcontractor: Quality Trans.

TPs are required to maintain copies of all accident reports in the pertinent driver and vehicle files.

If a state titled vehicle involved in an accident is deemed a total loss by insurance, the vehicle operator is required to surplus (aka. dispose of) the vehicle in Asset Works. Refer to Chapter 2, Section B – Vehicle Lifecycle for additional instructions on vehicle surplus.

Accident and Incident Reporting to The DOM and The Fleet and Risk Manager by The RTO:

  1. RTO completes Appendix 26 – Regional Transportation Office Initial Accident and Incident Reporting Form and submits to the DOM and the DHS Fleet and Risk Manager within 4 hours of receipt, The initial email subject line should read:

    • Region X - Accident or Incident- Date of occurrence - Contractor Name and Subcontractor Name

    • Example: Region 9 - Accident on 9/22/2016 - Contractor: Heart of Georgia RC - Subcontractor: Quality Trans.

  2. Within 24 hours, or one business day of the receipt of the follow up report from the TP, RTO completes Appendix 27 – Regional Transportation Office Accident and Incident Follow up Reporting Form and Incident Follow up Form and submits to the DOM and the Fleet and Risk Manager. This form has a section at the bottom for the last time the TSS office inspected the vehicle/provider. This section of the form is mandatory. The email subject line should read:

    • Region X - Accident or Incident - Date of occurrence - Contractor Name and Subcontractor Name

    • Example: Region 9 - Accident on 9/22/2016 - Contractor: Heart of Georgia RC - Subcontractor: Quality Trans.

RTOs are required to maintain copies of all accident/incident reports.

1. TSS requires the minimum limits of liabilities stated above; this matches the recommended minimum limits of liabilities suggested by the Department of Administrative Services (DOAS).
2. For example: If appropriate limits are $2 million per occurrence and $2 million aggregate, acceptable coverage would include a specific policy covering $1 million per occurrence and $1 million aggregate written with an umbrella policy for an additional $1 million.