Claims - Risk Management and Tort Defense Division

In accordance with §2-9-303, MCA, the Risk Management & Tort Defense Division (RMTD) may settle any claim for personal injury/property damage in behalf of state agencies and universities. Timely and accurate reporting of claims is critical in order to protect the interests of the state/university and its employees. Please follow these procedures to report a claim.

1. For reporting purposes, claims fall into one of four categories:
   1. Vehicle - losses arising from the use of state/university owned, leased, or courtesy vehicles, mobile equipment, and watercraft.
   2. Personal Injury - losses to 'non-state parties' arising from personal injury or property damage other than vehicles.
   3. Property - losses to state/university property other than automobile and personal injury arising from perils such as hail, windstorm, earthquake, fire, theft, etc.
   4. Cyber/Data Information Security/Other Incident - losses arising from a cyber/data information security/other incident. View more specific information about when and how to report a cyber/data information security incident.
2. After an agency or university has suffered a loss, the employee most familiar with the incident should immediately notify his/her supervisor and complete a Report of Incident form. Citizens or other third parties that incur personal injuries or property damage as a result of the state/university’s negligence, should be told by the involved state/university employee they may file a claim with Risk Management and Tort Defense by following procedures found in the Loss Control section above, under "Public Reporting a Loss." For vehicular accidents, guidelines about what information to collect and what to say and do at the accident scene may be found in the Accident Form located in the vehicle glove box. For further information, please refer to the Reporting Motor Vehicle Accidents Guide.
3. The immediate supervisor or his/her designee must conduct an investigation to determine what happened, why it happened, and how the claim can be prevented from recurring.
4. Any catastrophic property loss, data incident, or other loss which involves a fatality or bodily injury, should be telephoned to RMTD claims staff at (406)444-2421 by the immediate supervisor or his/her designee as early as possible the day of the incident, or, if after normal business hours (i.e. 8:00 a.m. to 5:00 p.m.), the next day. The ‘Report of Incident’ must be signed by the supervisor and submitted to the agency’s assigned RMTD Claims Specialist within 24 hours.
5. For all other losses, the immediate supervisor or designee must assure that a Report of Incident form is accurately completed, signed, and sent to the agency’s assigned RMTD Claims Specialist within 5 business days. Claims that are not reported within 60 days may be denied.
6. A Report of Incident form should be initiated even if no injury or property damage resulted from the incident. An incident that occurs today with little consequence for the agency or university involved, may have serious consequences for others at some future date.
7. The Report of Incident form must contain only factual information. State/university personnel who are completing the reports should exercise caution not to place blame on other state/university employees or admit liability.
8. Do not furnish information on claims or lawsuits to unauthorized persons other than law enforcement officials. Obtain names and address of witness. Refer all other questions to RMTD.
9. In the event of a claim involving theft of money, securities, or other property, notify the police immediately and call RMTD claims staff as soon as possible.
10. Copies of the Report of Incident form shall be distributed as follows:
    
    Original
    (assigned RMTD Claims Specialist)
    1625 11th Avenue
    P.O. Box 200124
    Helena, MT 59620-0124

    Copies
    Department of Transportation, Organizational Development Bureau for claims involving motor pool vehicles. One copy of each report shall be maintained by the respective agency. If possible, photographs and diagrams of the losses should also be provided.

11. Contact us. If a loss occurs during normal business hours you may reach any of our staff at their phone extensions. See the About Us section above. Or call (406) 444-2421. In the event of an emergency, after normal business hours call (406) 444-2421 and press 1. for Jennie Younkin, 2. for Derek Scott, 3. for Kirk Barfuss, 4. for Kathleen McElwain, or 5. for Brett Dahl. Your phone call will then be transferred to a live person. Follow the instructions above for filing a claim and send the 'Report of Incident' and other appropriate documentation to our office immediately.

If your claim involves a broken windshield, vehicle damage, or other damage from a highway project, please contact the nearest district office of the Montana Department of Transportation for information on how to file a claim.

If you are a foster parent and your claim involves damage from the intentional act of a foster child, please telephone the Foster Parents Professional Reporting Center at 1-800-841-5161.

If you are a volunteer participating in a university sponsored activity and are injured, please read the claim instructions (Word - 16kb, or PDF - 160kb) and contact your campus representative for appropriate forms. Volunteer insurance is excess of your personal insurance and DOES NOT apply IF you already have insurance.

For all other claims, write us a letter giving date, time, place, circumstances, and your estimate of damages. Include your address and phone number so we can contact you. Please sign your letter.

Mail To:

Department of Administration
Risk Management & Tort Defense Division
P.O. Box 200124
Helena, MT 59620-0124
Fax: (406) 444-2592

If a loss occurs during normal business hours you may reach any of our staff at their phone extensions, which can be found on this page in the About Us section or call (406) 444-2421. In the event of an emergency, after normal business hours call (406) 444-2421 and press 1. for Jennie Younkin, 2. for Derek Scott, 3. for Kirk Barfuss, 4. for Kathleen McElwain, or 5. for Brett Dahl. Your phone call will then be transferred to a live person. Follow the instructions on this page, in the "State Agency or University Reporting a Loss" part of the Claims section, for filing a claim and send the 'Report of Incident' and other appropriate documentation to our office immediately.

• State Agency and University Loss Reports
• Accident Form
• Report of Incident Form
  • Report of Incident Form (Word)
  • Report of Incident Form (PDF)
• Reporting Motor Vehicle Accidents Guide

• Column(s) 2, 7, 8, and other:
  • Select from among menu choices to display or hide information. For example, if you select 'Column 2,' 'loss,' then the loss code will be displayed in Column 2. If the 'claim description' is selected in Column 7, then that information will be displayed in Column 7 in the report.
• Coverage Code:
  • Displays the line of coverage (i.e. auto liability, general liability, property, etc.).
• Description Field:
  • Select from among the menu choices to display information in the description field in the report. For example, if 'incident' were selected, then the incident is shown in the description field.
• Expense Type:
  • Means the type of expense selected. 'LAE or Loss Adjustment Expense' means the expenses associated with defending the claim, including legal fees and court costs. 'Indemnity' means the expenses associated with settling the claim or resolving it at trial. 'Combined' means the sum of loss adjustment expenses and indemnity costs. 'Both' means EITHER the expenses associated with defending the claims OR the expenses associated with settling the claim or resolving it at trial.
• Expense Range:
  • Means the start range and end range for the type of expense selected (mm/dd/yyyy). For example, if an expense of 50000 were inserted in the start range, then all claims over 50000 are selected. If an expense of 50000 were inserted in the end range, then all claims of less than 50000 are selected. If an expense of 50000 were inserted in the start range and 100000 in the end range then all claims between 50000 and 100000 would be selected.
• Fiscal Year:
  • Means the corresponding fiscal year selected with start date of 07/01 through 06/30.
• Loss/Cause/Damage Code:
  • Allows an agency to select one or more codes and then only display those that they wish to include by selecting a code and then left clicking with the mouse until the appropriate number of codes are selected. If no code is selected, then all codes associated with a line of coverage are included in the report. For example, if an agency selects 'property' as the line of coverage,' all codes associated with property insurance are displayed.
• Sort By:
  • Means the order in which the claims will appear in the report. For example, if 'claimant' were selected, then the claims will be sorted alphabetically by claimant. If the field 'resolved' were selected, then the claims will appear chronologically by 'resolved date' from earliest to most recent.
• Query Date Field:
  • Means the type of date field selected for the query. Loss date means the date when the claim occurred. Received date is the date when the Risk Management & Tort Defense Division received the claim. Resolved date is the date when the claim was resolved. Paid date is the date when payment(s) were made on the claim.
• Query How Many Fiscal Years:
  • Means the number of fiscal years going backwards from the date of the query, including the current fiscal year to the beginning of the fiscal year selected. For example, if the query date selected is '10/01/2002' and the number of fiscal years chosen is '3,' then the report would select all fiscal years backward from the date of the query in the current fiscal year (2002) to the beginning of FY2000.
• Query Range:
  • Means the date when the query starts and ends. For example, if the query date field 'resolved' is selected, all claims with resolved dates specified in the start range and end range (mm/dd/yyyy) will be shown.
• Query Date:
  • Means the date of the query. All other parameters 'key' off of this date. For example, if a query date of 12/31/1999 is selected, the date field 'occurred' is chosen, and 'query how many fiscal years' '2' is specified, then the report will query all claims received as of 12/31/99 for the prior two years (i.e. all claims received between 07/01/1998 and 12/31/99).
• Report Layout Options:
  • Allows an agency to sort claims by claimant or resolved date. In addition, agencies may develop their own subtitles by inserting the title in the blank space provided. Finally, agencies may display various types of information by selecting from among the drop down menu choices provided in Columns 2, 7, and 8.
• Select Fields to Hide:
  • Allows selected users to run reports that hide 'case sensitive' or 'loss, cause, or damage code sensitive' information.
    • 'Claimant Only' displays all information in the reports, except for the claimant's name. Dollar amounts are included in the totals.
    • 'Loss, Cause, Incident, and Description,' displays all information in the reports except for the Loss, Cause, Incident, and Description. Dollars amounts are included in the totals.
    • 'Both' displays all information in the reports, except for the Loss, Cause, Incident, Description, and the Claimants' name.
    • 'Claimant (Inclusive of Totals) displays all information in the reports, except for the claimant's name, however, dollar amounts are included in the totals.
    • 'Claimant (Exclusive of Totals) displays all information in the reports, except for the claimant's name, however, dollar amounts are excluded from the totals.
    • 'Both (Loss, Cause, Hidden) Claimant (Inclusive of Totals) displays all information in the reports except for the loss, cause, damage, and claimants name, however, dollar amounts are included in the totals.
    • 'None' displays all fields that are selected in 'drop down' menus. None are hidden.

As of July 1, 2021, the Exoneree Compensation Fund is available to pay a claimant who has been wrongfully convicted of felony crimes and exonerated by the courts.

Eligibility (House Bill 92, Sections 1 and 2):

• The claimant cannot currently be serving a prison sentence.
• The claimant must have been convicted and imprisoned for at least six months in a correctional institution for one or more felony crimes that he/she did not commit or act as an accomplice.

Process (House Bill 92, Sections 2, 3, and 4):

• The claimant may bring a civil action against the state in the district court in which the conviction originated.

Records and Damages (House Bill 92, Sections 5, 6, and 7):

• If the court finds that the claimant is entitled to judgment, associated convictions and arrest records are expunged.
• Damages are awarded.

Exoneree Compensation Fund (House Bill 92, Section 8):

• The Risk Management & Tort Defense Division administers an Exoneree Compensation Fund and pays claims from a state special revenue account as established by the 67th Montana Legislature.

The Risk Management & Tort Defense Division only pays claims as ordered by the court. If you have additional questions, please contact your attorney or legal representative.