Research Corporation of the University of Hawaiʻi

Research Corporation
of the University of Hawai‘i
2.409 Tort Claims Against the RCUH
I. Overview
Pursuant to Hawaii Revised Statutes Chapter 41D, the Department of Accounting and General Services (DAGS) is authorized to make an informal resolution for claims against State agencies involving property damage or personal injury up to $10,000.
II. Responsibilities
A. Project Staff/Principal investigator
1. Ensure the incidents/accidents are promptly reported and documented.
2. Cooperate in all investigations.
B. RCUH
Conduct investigation of each claim received.
III. Procedure
All tort claims filed against the RCUH are to be processed in accordance with the following procedure:
A. Any incident involving RCUH personnel, vehicles, or equipment, or occurring on real property belonging to the RCUH, which may have resulted in physical harm or property damage, must be reported to the RCUH Procurement & Disbursing manager within forty-eight (48) hours after a project becomes aware of the incident.
Project personnel involved in an incident resulting in a claim or in a subsequent investigation should not discuss the claim with the claimant, the claimant’s attorney, or other outside parties. All outside inquiries should be directed to the DAGS Risk Management Office.
B. The Project must submit a completed Form RML-001 Incident/Accident Report to the RCUH Procurement & Disbursing manager within five (5) working days after reporting the incident; refer to Form RML-001 Instructions.
1. Parts 1 and 2 of the form are prepared by the RCUH employee who first receives notice of an incident/accident.

2. Parts 2, 3, and 4 of the form are prepared by the immediate supervisor having authority or control over the RCUH personnel, vehicles, equipment, or premises involved in the incident/accident.
C. If a claimant (non-employee) wishes to file a claim against the RCUH for property damage and/or personal injury, the claimant must complete the Form RMTC Claim for Damage or Injury, and submit it to the RCUH Procurement & Disbursing manager.
D. The RCUH is responsible for conducting an investigation for each claim received to assist DAGS in its review, evaluation, and resolution.
1. To assist in the investigation, Project personnel, including the Principal Investigator, may be asked to complete additional forms or to provide additional information.
2. All written materials prepared during the investigation of a claim are confidential.
E. All claims received by the RCUH Procurement & Disbursing manager will be forwarded to the DAGS Risk Management Office for disposition.
Based upon the investigation and evaluation of the claim, DAGS will either deny the claim or settle the claim for up to $10,000. Payment of such settlements will be made from the State Risk Management Revolving Fund. If settlement cannot be reached, the claim may be referred to the State Department of the Attorney General for further action.
F. Inquiries from claimants concerning the status or disposition of their claim should be directed to the DAGS Risk Management Office.
IV. Relevant Documents
Form RML-001 Instructions
Form RML-001 Incident/Accident Report
Form RMTC Claim for Damage or Injury
Form RMTC Instructions
UH AP 8.400 Risk Management Guidelines and Procedures
Date Revised: 2/02/2017