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CLAIMS PROCEDURES
 
  1. WHAT IS A TORT CLAIM?
     
  2. REPORTING CLAIMS
     
  3. GOVERNMENT CODE REQUIREMENTS
     
  4. CLAIMS AGAINST PUBLIC ENTITIES
     
  5. CLAIM DEADLINES IN A NUTSHELL
     
  6. FORM LETTERS
     
  7. RELEASES
     
  8. CLAIM FORMS
     
  9. APPROVED LIST OF DEFENSE FIRMS

 
 

 

  
 

I. WHAT IS A TORT CLAIM?

    Simply, a tort is an act or omission by one party that causes harm or damage to another party, including their property or reputation.

    A claim is a demand by the injured party for compensation from the person who committed the tort.

II. REPORTING CLAIMS

    Any successful organization incorporates a number of systems and guidelines which help promote quality and efficiency.

    The CSRMA program has a policies and procedures for settlement of small property damage claims. The policy statement is as follows:

    Participants in the California Sanitation Risk Management Authority Liability Program shall have the option of settling or denying any claim covered by the Liability Program which meet all the following conditions:

     

 
    1. The claim is for Property Damage only;
       
    2. The claim has no apparent potential for related Bodily Injury;
       
    3. The entire occurrence from which the claim arises appears to have settlement value of no more than $2,500, or less if participant's SIR is less;
       
    4. The claim settlement or denial can be concluded within no more than 30 days of the date the agency becomes aware that a claim may exist

 
 

    The Program Administrator will be better able to serve you with more accurate and complete claims information. The data is reviewed and analyzed to assist the Districts in identifying past problem areas and future solutions. We are also able to distinguish the legal and adjusting fees from the loss payments.The data are also used by actuaries and the program administrator in determining trends, projected losses and cost allocations. Identifying trends, types of claims and number of occurrences will allow you to learn from your claims history. Prevention includes a saving in future liability and promotes positive community relations.

 

 
 

III. GOVERNMENT CODE REQUIREMENTS

    On September 20, 1963, the California Legislature enacted the California Tort Claims Act. Prior to this time, the procedures and rules governing claims against public entities were confusing and uncertain. The California Tort Claims Act developed a more coherent claims procedure.

    With few exceptions, liability under the Tort Claims Act for monetary damages is conditioned upon the timely filing with the public entity of a written claim in proper form. This mandatory compliance with the claims presentation requirements is a condition precedent to an action against a public entity or employee. As a general rule, a claim relating to a cause of action for death, personal injury or damage to personal property or growing crops must be presented not less than six months after the accrual of the cause of action and within one year for all other causes of action.

    The purpose of the claims presentation requirements is twofold: First, to give the public entity an opportunity to make early investigation of the facts upon which the claim is based; second, to allow the entity an opportunity to settle just claims prior to the initiation of a lawsuit. Tactically the filing of a claim gives a public entity an additional edge over private individuals and entities who may not receive first notice of a lawsuit until the one-year statute of limitations or later.

 

 
 

IV. CLAIMS AGAINST PUBLIC ENTITIES

V. GOVERNMENT CODE REQUIREMENTS

 
   
 
  1. Filing of a Claim 
    Before a complaint for damages against a public entity or employee can be filed in court, a claim must first be filed with the entity in accordance with the Tort Claims Act and rejected (Gov. Code. ' 945.4). The claim has to be filed within six months of accrual of the cause of action (Gov. Code. ' 911.2). For purposes of the Tort Claims Act, the date of accrual is the same date on which the cause of action would accrue if there were no claims requirements (Gov. Code. ' 901). 
     
  2. Notice of Insufficiency 
    The public entity may give notice of the insufficiency of the claim within 20 days. Thereafter it may not act on the claim for 15 days (Gov. Code. ' 910.8). 
     
  3. Rejection of a Timely Claim 
    The public entity must approve or reject a timely claim within 45 days and provide written notice to the claimant (Gov. Code. '' 912.4, 912.6, 931). If a timely claim is rejected in whole or in part, the claimant may file suit for money or damages within six months after the date notice is personally delivered or deposited in the mail (Gov. Code. '' 945.4; 945.6, subd.(a)(1)). If the rejection is not properly noticed in accordance with Section 913, however, the action may be filed in court within two years from the accrual of the cause of action (Gov. Code, ' 945.6, subd.(a)(2)). 
     
  4. Rejection of an Untimely Claim 
    If the entity determines that the claim was filed late, it must return the claim within 45 days from the date it was signed, along with a notice that the claimant may apply for leave to present a late claim (Gov. Code. '' 911.3., 911.14). 
     
  5. Application for Leave to File Late Claim 
    If the claim is filed beyond the six months, the claimant may apply to the public entity, within a reasonable time not to exceed one year after accrual, for leave to present a late claim (Gov. Code. ' 911.4). In responding to an application for leave to present a late claim, the entity must grant or deny leave within 45 days and provide notice (Gov. Code. '' 911.6, 911.8). If the entity takes no action, the application is deemed denied on the 45th day (Gov. Code. ' 911.6(c)). 
     
  6. Petition for Relief from Claims Act Requirements 
    If an application for leave to file a late claim is rejected by the public entity, the claimant must first obtain a court order for relief from the requirements of the Claims Act before filing a suit (Gov. Code, ' 946.6). A petition for such an order must be filed with the court within six months after the application is denied or deemed denied (Gov. Code. '' 946.6, subd.(b); 911.6). If relief is granted, suit must be filed within 30 days of the order granting relief (Gov. Code. ' 946.6(f)). 

 

 
 

VI. FORM LETTERS

  1. NOTICE OF INSUFFICIENCY
  2. REJECTION OF CLAIM
  3. REJECTION OF UNTIMELY CLAIM
  4. DENIAL OF APPLICATION TO PRESENT A LATE CLAIM
  5. DENIAL OF UNTIMELY APPLICATION TO PRESENT A LATE CLAIM
  6. FORM LETTER #6

 

 
 

VII. RELEASES

    As discussed previously, there are certain circumstances under which an agency has the option of handling a claim. (See II, Reporting Claims.) Should the District settle a property damage claim we would strongly recommend the District to secure a release from the claimant before issuing a warrant.

    Carl Warren & Company has standard form releases which you may wish to use in settling the small property damage claims. They are always happy to assist you in properly completing the forms.

 

 

 
 

VIII. CLAIM FORMS

    Several public entities provide claim forms to the claimants.

    Please be advised that it is not necessary for the claimants to use the claim forms, as the claimant may fulfill the statutory requirements by submitting any document which substantially complies with the Government Code.

    Also, a public entity cannot require more information than is required by Government Code '910. There may be no harm in asking for more information, but the public entity cannot force the claimant to provide more data than what is required.

    District employees should be alert to any document that may constitute a claim. Please advise the claims administrator of any document you may receive asking for monetary damages. Also, please retain the envelope in which any claim or potential claim document is received.

    Often claimants will have questions regarding how to fill out a claim form. Contact Carl Warren & Company if you have questions in this regard, or review the following sections.

 

 
 

IX. APPROVED LIST OF DEFENSE FIRMS

    (Click at left for a list of approved defense firms)

    Carl Warren & Company maintains a list of law firms approved for use by the Pooled Liability Program in defense of claims against members. The current list follows in this section.
    Instructions for Filing a Claim

    Please type or print clearly with a ball-point pen all the information requested on Claim Form. The following provides specific instructions for completing each section of the Claim Form:

   
 
    1. Name and Mailing Address of Claimant - State full name and mailing address of the person/persons claiming damage or injury.
       
    2. Dollar Amount of Claim - State the total amount you are claiming as a result of the alleged damage/injury. If damage/injury is continuing or is anticipated in the future, indicate with a "+" following the dollar future. If the total amount is unspecified or exceeds $10,000, designate the appropriate court jurisdiction for the claim.
       
    3. When Did the Damage/Injury Occur? - State the exact month, day, year and appropriate time (if known) of the incident which caused the alleged damage/injury.  
       
    4. Under State law, claims relating to causes of action for personal injury, wrongful death, property damage and crop damage must be presented to the State Board of Control no later than six months after the incident date. Please note that evidence of "presentation" includes a clear postmark date on an envelope or a certification of personal service. 
       
    5. When filing a claim beyond the six-month period, you must explain the reason the claim was not filed within the six-month period. This explanation is called an "Application for Leave to Present a Late Claim." In considering your claim, the Board will first decide whether the late claim application should be granted or denied. (See Government Code Section 911.4 for the legal acceptable reasons a claim may be filed late. Only if it is granted will the Board then consider the merits of the claim. 
       
    6. Claims relating to any cause of action other than personal injury, wrongful death, property damage and crop damage must be presented no later than one year after the incident date. See Government Code '911.2 .
       
    7. Where Did the Damage/Injury Occur? - Include the city, county and street address where the damage/injury allegedly occurred.
       
    8. How Did the Damage/Injury Occur? - Provide in full detail the circumstances that led up to the incident. Identify ALL FACTS which support the claim. Include the name of the agency(ies) and employee(s) that allegedly caused the damage/injury as well as a specific identification as to any condition of public property that allegedly caused the damage/injury
       
    9. What Damage/Injury Occurred? - Provide in full detail a description of the damage/injury that allegedly resulted from the incident.
       
    10. How Was the Amount of the Claim Computed? - Provide a breakdown of how the total amount that you are claiming was computed. You may declare expenses incurred and/or future, anticipated expenses. If available, please attach to your claim copies of all bills, payment receipts and cost estimates
       
    11. Official Notices and Correspondences - Provide the name and mailing address of the person to whom all official notices and other correspondence should be sent, if other than Claimant. This official contact person can be the Claimant or a representative of the Claimant
       
    12. Signature - The Claim must be signed by the Claimant or by the attorney/representative of the Claimant. The Board will not accept the claim without a proper signature. Government Code '910.2 provides: "The Claim shall be signed by the Claimant or by some person on his/her behalf."
       
    13. If you need more space, please write on the back of the claim form or separate piece(s) of paper.