§ 2-2-207. Automobile collision/comprehensive coverage.
(a)
"Collision" coverage under this article insures against damage to or destruction of a covered auto due to upset, or collision with another object.
(b)
"Comprehensive" coverage under this article insures against theft or damage to or destruction of a covered auto by any cause other than upset or collision with another object.
(c)
If a covered auto is damaged or destroyed, employees on the scene shall:
(1)
Take immediate steps to mitigate further damage or injury;
(2)
Care for injured persons;
(3)
Notify and cooperate with law enforcement officers; and
(4)
Expeditiously report the incident to their supervisors and risk management.
(d)
If a covered auto is involved in a collision or is otherwise damaged or destroyed, the county department director, or his or her designee to whom the auto is assigned shall:
(1)
Notify the RMD immediately; and
(2)
Complete an accident or incident report, on forms prescribed by the RMD, within one working day of discovery of the damage, and certify in the accident report:
a.
That the employee was acting within the course and scope of his or her primary employment at the time of the accident; or
b.
That the employee was authorized to use the auto for directly going to and coming from employment and the employee's residence or off-duty assignment; and
c.
If the covered auto is owned by or entrusted to the employee, the certification must also state that the employee had prior authorization to use the private auto for official county business or off-duty assignment.
(3)
The RMD shall not pay for any damage to a covered auto unless an accident or incident report is timely filed, the department provides timely documentation when requested and an investigation of the incident is completed, nor shall RMD pay for any repairs undertaken without its knowledge.
(4)
For purposes of sheriff vehicle accidents, the sheriff's vehicle crash incident report review and the division of workers compensation (DWC 1) form are the only forms which must be submitted to the RMD.
(e)
As a condition of coverage under this section, elected officials shall comply with all provisions of above subsection (d) as well.
(f)
If a covered auto sustains greater than three hundred dollars ($300.00) of damage, the RMD shall:
(1)
Investigate the cause;
(2)
Obtain or have the concerned department or elected official obtain repair estimates from body or special repair shops, utilizing aftermarket parts, when appropriate and most cost-effective;
(3)
Retain a licensed appraiser, if necessary;
(4)
Pay appropriate towing and auto storage charges if necessary; and
(5)
Determine if third parties or their insurers may be liable for the damage; and if so:
a.
Assert direct or subrogation claims;
b.
Apply for restitution through the state attorney;
c.
Pursue collection actions;
d.
Pursue suspension of driver's licenses;
e.
Recommend to the county attorney to file an action; or
f.
Pursue other remedies as may become available.
(6)
For covered autos owned by the county or an elected official, use auto insurance industry standards to determine if the damage amounts to a total loss of the auto, and, if so:
a.
Calculate the fair market value of the auto;
b.
Obtain a salvage title from the Florida Department of Highway Safety and Motor Vehicles, as per Section 319.30, Florida Statutes;
c.
Determine if the auto which is a total loss does not have a normal expected life of one year or more and is, therefore, not subject to the property disposal requirements of Section 274.05, Florida Statutes; and
d.
If the total loss auto is to be sold for scrap, obtain two (2) fair market bids and transfer the title to the highest bidder; deposit the proceeds of the sale into the risk management fleet account; and transfer a sum equal to the total fair market value from the self-insurance fund to the fleet maintenance or elected official's fund for use in future auto purchases; or
e.
If the sheriff or fleet maintenance wishes to retain the auto for parts, give the title certificate to the appropriate official, deduct the salvage value from the fair market value, transfer the balance from the self-insurance fund to the appropriate fund, and close the file;
(7)
For hired autos determined to be a total loss but not covered by commercial insurance, negotiate a settlement with the lessor based on all circumstances, including the terms of the lease agreement and the fair market and salvage values of the auto;
(8)
For covered autos owned by an employee which was rendered a total loss while the employee was using the auto as permitted under the definition of covered auto herein and with prior authorization from the employee's supervisor:
a.
The employee's auto insurance coverage is primary and the county's self-insurance and/or purchased insurance is secondary. Contact the employee's carrier to determine coverage and coordinate any payment or subrogation.
b.
If the loss is not covered by the employee's personal auto insurer:
1.
Have an independent appraiser calculate the fair market value of the auto;
2.
Have the employee or lienholders of the vehicle produce the title and obtain a salvage title from the Florida Department of Highway Safety and Motor Vehicles;
3.
Pay the fair market value to the employee or the lienholders as appropriate; and
4.
If the vehicle is to be sold as scrap, and Chapter 274, Florida Statutes, does not apply, obtain at least two (2) fair market value bids, transfer the salvage title to the highest bidder, and deposit the proceeds in the self-insurance fund.
(9)
After quotes or appraiser reports are reviewed and RMD determines repairs are appropriate:
a.
For covered autos owned by the county or an elected official:
1.
Authorize the lowest responsive bidder to make the repairs;
2.
Once repairs are completed, receive and review the invoice and W-9, if needed, then prepare the proper paperwork to the clerk's office;
3.
Request the clerk of the court to draft a check on the self-insurance fund for the full amount of the repair shop's bill made payable directly to the repair shop.
b.
For covered autos owned by employees:
1.
The employee's auto insurance coverage is primary and the county's self-insurance and/or purchased insurance is secondary. Contact the employee's carrier to determine coverage as carrier to determine coverage and coordinate any payment or subrogation.
2.
If the loss is not covered by the employee's personal auto insurer:
a.
Authorize the lowest responsive bidder to make repairs.
b.
Once repairs are completed, receive and review the invoice and W-9, if needed then prepare the proper paperwork to the clerk's office.
c.
Request the clerk of the court to draft a check in the amount of the lowest repair estimate to the repair shop or to the employee. In the event the employee's auto is a total loss, payment will be made based on fair market value according to an appraisal or other sources including but not limited to dealer searches and automobile valuation guide.
3.
If the employee's personal auto insurance coverage does not provide for a rental car, RMD will arrange and pay for a rental car while an employee's owned covered auto is being repaired.
c.
For hired vehicles:
1.
Obtain at least two (2) estimates or a report from an independent appraiser;
2.
Negotiate repair cost or settlement amount with the leasing company;
3.
Once repairs are completed or settlement is negotiated receive and review invoice and W-9, if needed, or receive and review signed settlement agreement and W-9, if needed, then prepare the proper paperwork to the clerk's office.
4.
Request the clerk to draft a check to the repair shop or leasing company.
(g)
RMD may authorize payment to one affected department or elected official for communications equipment and to another affected department or elected official for property installed in or on a covered auto and which is damaged or destroyed while in or on a covered auto if such property is the type normally installed in or on such vehicles.
(h)
No payment will be made to employees or elected officials for losses of personal property or monies.
(Ord. No. 16-26 , § 2, 10-25-16)