Liability, Insurance, and Other Legal Issues to Consider for Rural Transportation Programs

Liability and insurance considerations are important for ensuring a safe, reliable, and sustainable transportation program. Depending on the needs within the community, transportation programs may use paid staff or volunteers. Considerations for employing volunteer staff in a transportation program include:

• Screening and background checks for volunteer drivers
• Ensuring all drivers have a valid driver's license
• Ensuring volunteer drivers have a personal automobile insurance policy that covers personal injury or damages
• Providing adequate and ongoing training
• Maintaining eligibility records of volunteers
• Creating a process for supervision and/or oversight of all staff

While personal automobile insurance serves as primary coverage for drivers, the AARP Public Policy Institute recommends that programs purchase excess automobile liability insurance. This can provide additional coverage beyond the volunteer's individual automobile insurance policy.

Different states and transportation agencies may have specific laws in place to protect both riders and program staff and volunteers. For example, in Minnesota, volunteer drivers are protected by different laws depending on whether they volunteer their time with a nonprofit or for-profit transportation program.

To provide safe transportation options to riders of different backgrounds, programs should also consider implementing policies and mechanisms that help staff work with children, older adults, and people with limited mobility and other disabilities. Policies should also ensure that all staff and volunteers have all trainings, certifications, and/or licenses required within their jurisdiction.

As technology usage increases in transportation programs, rural programs should consider whether new laws affect their services and jurisdictions.

Resources to Learn More

Insurance Issues in Community Transportation
Document
Describes types of liability insurance available for small transportation providers and other considerations before making an insurance purchase.
Author(s): Fisher, T.
Organization(s): Massachusetts Executive Office of Health and Human Services' Human Service Transportation Office.
Date: 9/2013

Rural Transportation: Challenges and Opportunities
Document
Summarizes the results of a national survey of data collected from state and federal agencies on the challenges and benefits of rural transportation in relation to health and healthcare. Offers policy interventions focused on transportation services to improve healthcare access and well-being of rural populations.
Author(s): Henning-Smith, C., Evenson, A., Corbett, A., et al.
Organization(s): University of Minnesota Rural Health Research Center
Date: 11/2017