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HomeMy WebLinkAbout08 CLAIM 08-06, VIENNA 06-17-08- - AGENDA REPORT MEETING DATE: June 17, 2008 TO: William A. Huston, City Manager FROM: Ronald A. Nault, Finance Director SUBJECT: CONSIDERATION OF CLAIM OF JOHN VIENNA AND PROGRESSIVE CHOICE INSURANCE COMPANY, CLAIM NO. 08-06 SUMMARY: The insurance company representing the Claimant reported that a City tree had fallen on Jamboree Road and caused damage to his 2006 Jeep Wrangler. The cost for necessary repair work to the vehicle was $4,297.38. RECOMMENDATION: That the City Council deny Claim Number 08-06, John Vienna and Progressive Choice Insurance Company, and direct Staff to send notice thereof to the Claimant(s). FISCAL IMPACT: None. DISCUSSION: It was determined by Staff at the scene and upon subsequent review by the City's Claims Administrator that excessive wind conditions caused the tree to fall onto the Claimant's vehicle. As there is no fault attributable to the City of Tustin, it is recommended that this claim be denied. RonaId A. Nault Finance Director ATTACHMENT: Copy of Claim No. 08-06 ConsiderationOfClaimOfJohnVienna. doc CLAIM AGAINST THE CITY OF TUSTIN {For Damages to Berson or Personal Property) Inter-Office Mail ^ Over the Counter Claim No: 08-16 PLEASE NOTE: A. Read entire claim before filing. B. Be sure your claim is against the Citv of Tustin, not another public entity. C. Claims for death, injury to person or to personal property must be filed no later than 6 months after the occurrence (Government Code § 911.2). D. Claims for damages to real property must be filed no later than one year after the occurrence (Government Code § 911.2). E. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. F. A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on his/her behalf and shall provide the information shown below and must be signed by the claimant or a person on his behalf (Government Code § 910.2). G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private attorney if legal advice is desired. No employee of the City may give legal advice to any Gaimant relating to private claims. H. Completed claims must be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin, California 92780. 1. Name and Post Office address of the Claimant: Name of Claimant: Home Address: 2.Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. Home Telephone: Work Telephone: Name of Addressee:. Post Office Address: 4. General-description of the indebtedness, obligation, injury, mage or loss incurred so far as you now know. Page 1 of 4 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. 6. If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury, damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation of the amount claimed {include copies of all bills, invoices, estimates, etc.) ~• (~ Amount Claimed and basis for computation: ~-- , 2- l ~ . If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars {$10,000), do not provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86. ) ^ Limited Civil Case ^ Unlimited Civil Case You are required to provide the information requested above in order to comply with Government Code §910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the City of Tustin requests that you answer the following questions. 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim 8. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: 9 If applicable, please attach any medical bills or reports or similar documents supporting your claim. • If the claim relates to an: automobile accident: Claimant(s) Auto Ins. Co.: (,~~(?~~~-~~j~ Address: ~3'(l ~~~;)~( ~ L©~- (~ ~) `}~ Telephone: Insurance ~~ d U ~, -~ ~v~-~?/ Insurance Broker/Agent: Claimant's Veh. Lic. No.: ~~ ~,t ~ r.~ ~l~ Vehicle Make/Year: •L 1.% ~ ~_ Claimant's Drivers Lic. No.: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 4 I ~_ READ CARffULLY For all accident claims, place on following diagram name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City/Agency Vehicle was involved, designate by letter "A" location of City/Agency Vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City/Agency Vehicle; location of City/Agency vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1"and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. SIDEWALK CURB PARKWAY SIDEWALK 7 CURB Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: Date: ~ .~~ -~ Page 3 of 4 FAX TRANSMITTAL SUBROGATION February 20, zoos 91 7108 2133 3933 7779 8858 To: Company: Our Insured: Our Claim#: Date Of Loss: Your Insured: Your Claim/Policy#: CITY CLERKS OFFICE CITY OF TUSTIN VIENNA, JOHN 085302035 JAN 16 08 CITY OF TUSTIN UNKNOWN PROGRESSIVE CHOICE INSURANCE COMPANY P.O. Box 89440 Cleveland, OH 44101 Facsimile: 888-792-5922 Progressive.com Total Subrogation Balance: $4,297.38. This includes our insured's $500.00 deductible. We are seeking reimbursement at 100 %, for a total of $ 4,297.38. Please take this as formal notice of our subrogation rights with regards to the above captioned claim. We have completed our investigation into the facts of the above captioned loss and find that your insured was the proximate cause of the accident. Please make draft payable to "PROGRESSIVE CHOICE INSURANCE COMPANY as Subrogee of VIENNA, JOHN", in the amount stated above and mail it to the attention of the undersigned. All supporting documentation is enclosed. I have diaried my file ahead fifteen (15) days. Thank you for your anticipated, prompt attention to this matter. PROGRESSIVE CHOICE INSURANCE COMPANY BRIDGET MAGAR Subrogation Representative Toll Free 1-877-818-0139 ext. 37152 BRIDGET MAGAR@Progressive.Com **PLEASE INCLUDE MY NAME AND CLAIM # ON ANY AND ALL CORRESPONDENCE** PROOREll/UE Not what you'd expect from an insurance company.s""