Leadership Letter
May 2024
ASK COUNSELOR TARA
ASCE’s General Counsel Tara Hoke clarifies legal questions facing sections and branches here each month. Send Tara an email with your question.
Am I covered if I’m in an auto accident while on ASCE business?
While in general, volunteer leaders acting on ASCE’s behalf have a wide range of protections against personal liability, one noteworthy exception is when liability stems from an automobile accident.
The Volunteer Protection Act, which is the federal law most used to shield volunteers performing services for a nonprofit, specifically states that the law does not cover “harm … caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle” for which a license and/or insurance is required.
Likewise, while ASCE does maintain a significant amount of insurance coverage for the acts of its volunteers, its policy excludes automobile liability outside of staff and in select cases, travel by ASCE Board members.
Unfortunately, the primary source of coverage for auto accidents caused by a nonprofit volunteer is the same as for any other accident – the volunteer’s own insurance coverage. As such, volunteers using their own vehicles to travel for ASCE or an organizational entity should ensure that they have auto insurance that is adequate for their needs, while those renting a vehicle on ASCE business should consider adding insurance offered by the rental agency.