Loading...
HomeMy WebLinkAbout05 CLAIM NO. 09-40 ENTERPRISE RENT-A-CARAgenda Item 5 Reviewed: AGENDA REPORT City Manager Finance Director N A MEETING DATE: FEBRUARY 2, 2010 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES SUBJECT: CONSIDERATION OF CLAIM OF ENTERPRISE RENT-A-CAR, CLAIM NO. 09-40 SUMMARY: The Claimant alleges a Tustin Police Officer was involved in a traffic collision while driving one of their vehicles. RECOMMENDATION: That the City Council deny Claim Number 09-40, Enterprise Rent-A-Car, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: The City's Claims Administrator, NovaPro, has completed their investigation and concludes that there is no liability on the part of the City. The police report, completed by Anaheim PD, concludes that the other driver was at fault in this accident. Staff is recommending denial of the claim. Kristi Recchia Director of Human Resources ATTACHMENT: Copy of Claim No. 09-40 Received Via: ^ U.S. Mail ^ Inter-Office Mail ^ Over the Counter Time Stamp: 10~q DEC I I A 10~ 3 b Claim No: c~ 9 - Sld 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 bled 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 claimant 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. Name and Post Office address of the Claimant: Name of Claimant: Home Address: 1 3. 4. Home Telephone:L'~y ~~ -~~ "~- - ~{ ~~ Work Telephone Post Office address to which the-perso-n p{resenting the claim desires notices to be sent: (If different from above) Name of Addressee: Telephone: Post Office Address: The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date df Occurrence: ~ ~ Time of Occurrence: Location: ~ ~/ Circumstances giving rise to this claim: Ge eral description of the in ebtedn s, bl' atio injury, damage or ss incurred so far as yo ouv know. ;~ ~ t, ~ ~ ~ . Page 1 of 4 CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) TTY C1F TUSTIPJ 5 The name or names of 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: ~ ~ ~~ 7 8. 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. Add(tionally, in order to conduct a timely Investigation and possible resolution of your claim, the Cwt of Tustin requests that ou answer the following questions Name, address and telephone number of anv witnesses to tha nr-ci~rranrn nr +r~n~~..+~.,., s.,,..... the claim if applicable, please attach any medical bills or reports or similar documents supporting your claim. 9. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: ~ ~--~--~ ~~-~"(~ ~ ~~,,71~ Telephone• Address: -- Insurance Policy No.: Insurance Broker/Agent: Telephone: Address: Claimant's Veh. Lic. No.: Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: if applicable, p/ease attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 4 ~ ~.. the .,,stir,. ,,...,.,~,.,.,....._ _--_~-- - - .. 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: READ CAREFULLY Far 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 comers. 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 CURB o~ Warning: Presentation of a false claim s a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may seek to recover ail 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: 12 Page 3 of 4 IF LATE CLAIM: COMPLETE ITEMS 1- 9 AND THIS APPLICATION. SIGN BOTH FORMS. APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM TO THE CITY OF TUSTIN Date Revised 12/2004 Signatures f laimant Page 4 of 4 The undersigned hereby applies for leave to present a late claim to the City of Tustin. This application is being made within a reasonable time, not exceeding one (1) year, after the accrual of the cause of action. unriar Gnma cirrvimo+~.,~o~ ~__.._ 09/2312009 12: 31 714567#'"-,4 RhISP PACE 04/1x3 09!23!2009 12:31 ?14567°~4 STATE d CAUPDRNu • TRAFFIC CC~LLESICIM GaDING RI~lSP PAGE 05! 18 a Q - of COI.J.)9lON (MR. Y 'tEAtt} TIME (7400} NCIC if DFF~CLR I,D. ~s o NUMpER Opt-~7'-09 9104 CJ~3it01 d09 lift 09-5~'~TT R'8 li4AlE „ - PRC7P~fY1Y ~ YEfi NO DAMAGE a onuw~ SEATING P0.5 iC7N S/kFr~TY E4UIPNiENT INATTENTI(5N CODES OCCUPANTS L• AIR BAG DEPLOYED I~G.EiiS'cY~CIE^iift.MET A-CELIPHONE HANDHELD A•Npt~ IN V£HSCLE M.AIR BAG NOT DEPLGYED DRNER PABBENi3ER B~CELLPNONE tFAND8FRi;E e - unuwawN N - GTHER v - tv0 X • Na c-ELECTRONIC ECUIPIAENT .~.~ C - tAP BELT USED p -NOT REQUIRED W -YES Y • YES D - RADId t CD y ~ 3 i~ 4u4-PMaENDEn ' O-tAP 9EL7 NOT USED E•$HgULDER HAdtN£33 U3Eb E_$tdDKING F •' EATING ].87Ni toN wAA4N RGAR 4 6 6 11,1lEAI6 occ. TwcaYUU F•bHgULDER IdIARNE58 NOT USER ~~~ E.ICfiTfiO FRaiA VEHI~ G-C}RLDREN n. P09r1'pN UNKNQNtI 4 • LAP 18HOULDER HARNEB$ USED O • IN VEHICLE 1i8E0 0 • N07 EJECTED H - ANIMALS o-OTWeIi H•LAP1sMqutbER HARNEE$ NOTUS+=o R-)fii YENILCE NqT USED 1-FULLY EJECTED t -PERSgNAI HYWENE 7 J -PASSIM: RESTRAINT USED s • M VEHICLE U$E UNKNOWN 2 - PARTV4LLY EJECTED J d tiEADFNG K-.pASSN£ RES7RAlNT NOT USfO T-IN YEHtCLE MiPRgpER USE 3-UnFOVO+HN K-OTHER U ~ NONE N+I VEHICLE ? ,K,~,. A YG nECnaN Y;oiAtlrG; atrna X A CONtftCL9 FUNCTIONING A HAZARDOUS MATERIAt, ~+, BTOPPJ:D 1 ~~'~ 60(8 [~ YES 1$ CONTROLir NO7 FUNCTKSNfNG 8 cat P!l61dE HANDNSLB i» USE 8 i*gOGEEpiyf STRAIGHT ® N4 ~ OONTROi,9 QItB+GUR@C G Ci:LLMigNENANOafRPEinUSE C AAN QFP ROAD $ OTHER IMPROPER ORiVINO d N4 GO~NTRGLSPRESENTIPACYGR 7f X D CEILPtiONE NOT In USE X p MAWNCi Rt6NT TURN C OTHER THAN DRIVER` ,r, ;, : .~ .,:',:'~ "`•::;'_ . E 9GHOOL BUb REl/4TED 74 E MAIONt7f LEPT TARN D uNKNi1N1N• A HEAO.aN F 7aFt' tiOTk}RTRUC% COMI~p F MAKIN4 U TURN ,K ~ 61DE SK3PE Q 9$Ff 7RAJ1.lR COMi30 L3 6,q0%INO L` REAR ENl} H H $LCAMNGiBTOPPMk3 :~. ; D BROADSIDE 1 I PASSING oTHaR voncLr: A, CLEAR E NIT DEsJEGT J J CHANGING LANES X 8 CLOUDY F' BVERTFJtRFiEU -'C IC PARKING iAAN£UVER ~r RAINNNG C~D VL~BGLE I PEDESTRUIN L L P-lVTERiNti< TRAFFFC D 8NOWING H O1'MER': tlrl M OTHPJi UNSAFH TURN k FOGIVISIBILITY Fi. N N ><nawx pa7b opFroaNa s,aNE F QTFtL°R` ,1 ' ~?k`r~ Qi 4 PARKED Ci WlNO A MDN.~COLLIBION t' P MERGIN9 ''~" ~ ~' " F N S ' ~ ' "'r' • .r a FED~TA A .I~ ~,. ~ „- 1 ~ SD TFhVfSUN[i WRDNG WAY A DAYLIGHT X C OTHER MpTOR VEHICLE vc BECftON wbUTEO; CRFSD R +YCNER ~; O GIJSK-OAWN Q MDT4R VEwcx>_ a+ QT7iER ROADWAY A ©YE$ G DAR!{-STREET IJGtIY6 E PARFCHD 1,-C*TOR VEHICLE ^ Np d DAR%., NO STREET LIGHT F TRAiN Yc aecttoN v:eL~1lD; earEo E: t7ARK •• STREET LIGHTS NOT Ca BICYCLE $ ~ Y~ FtJNCTKSNtNA" H ANiINAI.k ~ PIO °,.K ~ ` ~. i.. r'?,. ' ;: ~,.r •;r;;q. .iP^.~: . : firr `+ n i .~~•~+ '"' +'ti~''; VG 9EC77aN vrbLATEDs OTQD ' ' ~~~ 5ti. t.:, • , .. ~ ~y1: ;, :. X' A DRY ~ FIXED OEJECT; C ~ Yi;S X X A NAD NOT StNGN RRffDkWG ~ WET ^ NO O W9n-UNi7ER RJiq.UINGH G SNOWY-ICY J OTHER OB,IRCT: L} wKb•N~T UNapIk lNw.uENCE' D SLIPPERY MUDtJY,01LY,ETC. E VISIQN OBEGUkfMENT: L1 H/D-;NPNRNENTt1kkN4NriP r• ~?: ,~ti; • . t,,-c1.4; F INATTENTKIN': ~ UNO$R ORUD IN-LUEM4E' '' ~"~ `~"'?' ~~'~ v• ! .sr . . Ca STOP A U10 TRAFPiC F iMPAiRM1;NT • PHYSICAL" A FKSLE9 15ERP RUT" ,~G JL NO PED6STWAN9 INVOLVED FI ENTERIN:#ILEAVING RAiip lt' IMPAtRMFENT NtST KNt~WN S LOpBH MATEfaA~ nn ROADWAY• ~ CJSD9i3FNti (h CROSSWALK- i PREVIOUS COL6t$!ON N NOT APPLICABLE C OB$TRUCTiON on ROADWAY' at INTI;RBECTION J UNFAMILIAR tM1T'N ROAD I SLEECW 1 FAYk3UEO` D t;ONSTRUCI'ION-REPAIR 7gNi? C.` CR+DBBINW In GR468WAL%•NDT K bOPQG7Nt1 vEri E:UUR+.:ckiED '.~!".;•s;j;.'•,`. ;_,~.. ,~.~~ x.''"}~ ~}'::n.,`.; '•;5+~~".;"•,:'.x~. E RHDUGED ROADWAY WIDTH •k INTERS6CTtON [~ YSS F PLOODEG' O CROS6ING.Nt7T in GRO68WALK © NG G gTHER• E IN ROAD•-NC-,UDEE SFiDULDER L tiNiNVOLVl.6 VEHICLE X H NO UNU8UA1, CONDiTION3 F NOT Fn ROAD M OTHER'; C9 APPRflAL°WINQtLEAYiNO SCtIDOL RiSA JC X N NOME APPAR ENT O RUNAWAY V EHtCi-E 9% Mi3GB.UINEGUS t 09/23/2009 12:31 714557=''O54 RNSP ANAxEEVi PO~,ICE ~EPAI2'X'N~,NT .A.CCIDENT INVES'X`~GA'X'IQN PAGE 06/18 09-54577 CAIrE' J VAS NOT~FICATIaN AND RES~'ONSE TT.IVIE OF ACCI17-ENT: 1103 TIME OF CALL: 1104 RESPONSE CODE: 1 TIME OF AIYRIVAi.: 1115 RESPONDED FROM: ANAHE1TwI BL/ VJA'T'LR ST' Y.INITS ASSISTING OFFICEIi9 ASSISTING IIJV ALEXANDER OFC. S ANDERSON FIRE bEPT PARAMEDICS AMBULANCE l'?THER ROA1J-WAY INFURMA,'~1(4N STREET INFY)IIMA7`IUN TYPE SIGNALS PRIMARY STREET SECONDARY STREET A51'HALT ELECTRIC NC)RTH/SOUTI~ EASTlWEST TYpE 5 LN W/I,EFT TURN LANES Z LN WlLEkT TURN LANES COMMERCIAL TRAFiFIC MODE1tAT1r LIGHT' CdNDITION CONSTRUCTION CONSTRUCTION MODERATE LIGHTING YES NU Y Nd 1)AYLICiHT PUINTS pF IMPACT HOW ESTABI.,ISIIED: SKIDS DAMAGE DEBRIS: STATEMENTS POINT OF REST MEASUREMENT TAKEN WITH: RdI..X.-A-TAPE 'I'AI'E MEASURE OTHER: A I P R D-I 21 feet west of I~tlE PL of Anaheim Btvd AND 2S fret:~orth of tht N/E CPir o£Center St AOI P D-2 30 fret w of NIE CP o aheim Blvd AND 25 feet n of t6s N/Ir CPL of Cer~tcr St VEHICLE INSkECTION V Y1 S P E CTS G CTS EE DAMAGE;MINbR SCUFFS TO LEF'T' FRONT FENDER TIV$ 1 SKIDS: NONE YES SEE NARRATIVE AP GOUGE MARKS: NONE YES SEE NARRATIYElMAP V CT NT NOD FE DEFECTS S DAMACE:RIGHT FRONT AdOR DAMACIIr)7 2 SIfIDS: NONE YE $EE NARRATIVI?JMAP GOUGE MARKS: NONE YES SEE NARRATIVE/MAP V N CTS APP DEItE E 5 TIVE DAMAGE: 3 KID$: S1E ARRATIV GOUGE MA NONE YES SEEN IVE/MAP N~ ~ v~~9 ~: r 09f 23f 2©E~9 12:31 714567`?QF4 RhdSP . ~ ANAHEIM Pt~LYC.'~ riFPd17TMFNT ACC~A~N'F INVE9TICATIUI~ ~ rY 09-59577 bR NUMBER; PAGE 07f1C P GE• ' I'OINxS qF 1xEST A . 4 OF $ IvIEASUR.EMENT TAKEN WITkI: ROLL-A-TAPE TAPE MEASURE OTHER,: ESTAI~1LISr IE.D BY: VEHICLB AT REST PACING: LYTNCr ON ITS CHALK MARKS V MOVEp PRIOR TO ARRIVAI, EAST CUItH OF ANAHEIM BLVD V-I'S R/F TIRE WAS AND V-]'S LJF TIRE WAS AND 1 V-I'S R/k TIR.E WAS AND V-]'S LrR TIRE WA AND ESTAY#LISTIED I3Y: VEHICLfi AT REST PACING: LYING ON IT5 CHALK MARKS V MOVfiD PRIOR TO ARRIVAL AST CURB QF ANAFIEIrvI BLVD V-2'S R/F TIRfi'WA3 ANi7 v-z's LiF TIRE wAS AND 2 v-z's R/R TIRE'wAs AND V-2'S L1R TIRE WA AND ESTABLISkIED BY: VEHICLE AT REST FACING: LYING ON ITS C MARK V IvI4VED PRIOR TO ARk]VAL V-3' S R/1; TIRE WAS AND V-3'3 J /F TiltB WAS AND g V-3'S RIR TIRE WAS AND V-3'S L/R1`IRE WAS AND ING A RUN DR#1 YES NO DR#2 XES NO SUSPECT IDENTIFIABLE? NAME: DURHAM NAME: SI~ttODE NAME: [] YES ^ N4 CHARGES: CHARGES: CHARGES: IS THE LIC# CORRECT? ARRESTED Q ARRESTEl7 ^ ARRESTED [] YES ^ NO CTIED ^ CITTrD ~ CITED CI']'ATION #: CITATION #: CITATION #: z~ i~~ ~~ay i f t 09/23/2009 12:31 714567354 R.tJ~P PAGE 0211E ~. ANAHEIM POLICE ~EPAR'I'1VIENT CCl-LLISIpN NARRAT1VIv 1?age cJ 2 t i 04-27-09 I10~ 3601 409 09-59577 DATE Tlt4-E NC[C Of'FI~R REPORT N 2 4 5 6 7 9 10 11 lz 13 14 15 16 17 18 19 20 21 22 23 24 Z5 26 27 28 29 30 31 32 33 34 3S ~~ 37 38 39 40 STATE~ITS 4 D-1_(Xlarham) said he was stopped'W!$ Center 5t on the right side close to the north curb. D-1 was stopped at the l,irrlit line to the Anaheim $lvd intersection on a green light and was iz~ position to make a right turn to go NB Anaheim Blvd with his night turn signal an. D-1 was waiting far a pedestrian to finish walking E!B across the north crosswalk of the imtez~ection. D-1 saw the pedestrian walk oft'the crosswalk an to the sidewalk. D-1 then proceeded to make his right turn i going about S mph ozt rite green signal. D-1 completed his right turn iota the #2 lane of NIB Anaheim Slvd. This was when he first saw V-2 stopped NIB Anaheim Blvd next to the left side of r his truck. The left side of V-1 and tight side of V-Z were close to each other but D-1 did not believe F the vehicles collided with each other, D-1 saw the driver of V-2 ~motionin~g him to pull over so he did. D-1 did toot see where V-2 came firoru prior to it being stopped next to the left side of his truck. D-1 told xne this incident occurred iu the NIB #21ane of Anaheim Blvd. , D-2 (Shrode) said he was E/B from tlae shoppiztg center driveway, stopped iz~ the middle of the Anaheim Blvd intersectiaz~ an a green signal as he prepared to make a left turn to go IVB Anaheim Blvd. D-2 was stopped waiting fat a pedestrian that was walking E/B an the north crosswalk. D-2 could see that V-l was stepped WI.B Center St with fine right turn signal an. It appeared that V-1 wa_s also waiting far the pedestrian to finish crossiuig before making the right turn. D-2 saw the pedestrian was clear of the NIB #1 Lane but was still going across the #2 and #3 lanes. This was when D-2 decided to make his left taro because he could see the NJB # 1 lane was clear for hire to complete his left turn into it. D-2 made Iris lei turn into the N/H #1 lane going a slaw speed. D-2 believed that V-1 was going to remain stopped since the pedestrian was still walking across the NIB #2 and N!$ #3 lanes and V-1 bad to finish the right turn ir-to the N/B #31ane. V-1 did not remain stopped and proceeded to make a wide night taro into the NIB #1 lane to ga around the pedestrian that was still in the crosswalk. D-2 did not have any time to react and then V-1 collided into the right aide of his car. D-2 tall me the collision occurred in the N/B #1 lane o;f Anaheim Blvd. Ax1AQ-NAL INFOIZI~~,,, ION X}-2 was a Detective ~tTam Tustin PD working fvr C?.C. Regional Narcotics Suppression Program and was driving a vehicle rented by O.C. ,Regional Narcotics Suppression Program when the collision occurred. 1Z-2's supervisor (Santa Ana 1'D SGT. Alfaro} was notified of this collision. gPINIONS ANA CONCLUSIONS C.~VSE D-1 caused this collision by being in violation of 22100(a} CVC (Right Turns, Huth the approach for the right-hand hun and aright-hand tuaTa shall be made as close as pz~Cticable to the right-hamd curb or edge of the roadway). 't'his cause was determined based an the statements provided by D-1 and ~, i 4 L _~ Offiicex,~. Perez #409 Reviewer's neane ~::,... r ~*. ~~. ~ ... ~ ; ;.~ ~t~~ 09!23/2009 12:31 7145673°54 ~. RfJSP PAGE 09!18 _--- f ANA~>~X11~ k'l'3LICE DEPARTMEIV'x COLLISIQIV NARRATIVE pa.~e _,._ ,. 04-27-09 11(b4 3401 4a9 09-59577 ~ BATE TIME NCJC OFFICER RF.PQRT # ~ 1 D-2. D-2 claimed that'V-X made a wide right tum into the N/B #1 lane. D-I claimed that he 2 contpleted the right turn rota the N'f,D #21ane. There was as physical evidez~e or additional 3 witnesses that could cOrroboratc b-1 az D-2's statements. Nonetheless, t}~e tight turn for D-1 should 4 have been made into the NI>~ #31ane {as close as pzacticable to the right hand ouzb oz edge of i 5 zoadway} as required i.n this section and not into the N1B #1 ar NIB #2 lanes. } r O~cer G. Perez #449 Reviewer's name ~" ~ ~ . ~ ~ ~ k s {~ ~~.{Z,gC~~j t 09/23,'2009 12:31 i1~567~'-'~4 57ATE OF C,41.iFORNIa GAf!Tf ld! nixnax~~ LIAY T~h nnAl l~ RI~SP PAr,E 10/18 u .. ..__ .~ i ~~ ~ Q DA'T'E t7F CaI.L1510N - - LIME (2ApQ) NCIG NUMBER OFFICEli I.D. ~'EpQI~' NUMBER Mo. ~!' aAY~. YR. 'a~ p cAa3bQ1 C19 - ~ q S 7'~ DI ofzAwN BY I.jD~. HUMBER RATE al~V1EWlrFi'9 NAAB~ ©ATE , F t G r c~'-I v`~'-y9 09/23/200y 12:31 714567~~'S~ RNSP , STATE OF C.1U„IFOFtNIA CE ~~I IAI R[A /YO A1! -I11T TA anll r~ ~ O PACE 11 / 1 s3 DATE OF COI,t,ISION TIME (2aUn) NCIC NUMBER OFFICER 6D, REPLIRT NUMBER MD, ~ AAY Yfi. ' ~ G4O3001 ~ ~~ Qf ' ~~'f ,~ ~ ~] 3F t DF C1ftAWN 8Y I.D. NUMBER DATE REbIFWER'S M+4ME DATE ... .. . Cl/_Z r , 1 c i i i ~..:' ~~ O P O' i ~~ ~ ~ ~yy~ COUNTY OF ORANGE o ,,~. ., t ~ COUNTY EXECUTIVE OFFICE OFFICE OF RISK MANAGEMENT December 1, 2009 Enterprise Rent-A-Car Attn.: Libby Poehling P.O. Box 4487 Carson, CA 90749 RE: Claim Of: Enterprise Rent-A-Car & John Michael Durham Date of Loss: 04/28/09 Your Claim No.: DX3233NI4 Our File No.: 08-0499 Dear Ms. Poehling: Please be advised that investigation of the above-matter has been completed. Telephone: (714) 285-5500 FAX: (714) 285-5599 Investigation disclosed no negligence on behalf of the County of Orange. Officer Mike Shrode is an employee of the Tustin Police Department/RNSP, not the Orange County Sheriff's Department. You will need to file your claim with the Tustin Police Department, 300 Centennial Way, Tustin CA 92780-3715. In view of the facts, we have no recourse but to disclaim any liability on behalf of the County of Orange. Notice is hereby given that the claim you presented on behalf of Enterprise Rent-A-Car & John Michael Durham on September 28, 2009 is rejected by operations of law. WARNING: "Subject to certain exceptions, you have only six months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code, Section 945.6." You may seek the advice of an attorney of ; you desire to consult an attorney, you should JAJ:nb CNN 12-iC1YNFnterprise Rent-A-Car & Durham08-0499.doc r choice in connectio ~i so immediately. y truly yours, f ~/ ~~/~/i J ive TOM PHILLIPS Risk Manager • Sa&ty & Loss Prevention Program • Workers' Compensation Pmgram • Liability Claims Management Program • Administration & Financial Management • (nsuranceJContracts & Commercial ltuurance • ADA II Public Access Comp1'uuxz this matter. If 600 W. Santa Ana Blvd., Suite 104, Santa Ana, CA 92701 -- P.O. Box 327, Santa Ana, CA 92702 ~~ OF O ~~ ~ ~~~ ..^•••- o ~ c~ U try COUNTY OF ORANGE COUNTY EXECUTIVE OFFICE OFFICE OF RISK MANAGEMENT September 8, 2009 Enterprise Rent-A-Car P.O. Box 4487 Carson, CA 90749 RE: Claimant: Enterprise Rent-A-Car Date of Loss: 4/28/09 Our File No.: 0$-0499 Your Claim No.: DX3233NI4 To Whom It May Concern:: Telephone: (714) 285-5500 FAX: (714) 285-5599 Pursuant to Government Code, Section 910.8, you are hereby given notice that the claim you filed on August 28, 2009 is insufficient in that it does not satisfy the procedural requirements established by Government Code, Section 910, which must be followed when presenting a claim pursuant to Government Code, Section 900 et seq., against the County. Specifically, please provide: • The place and other circumstances of the occurrence or transaction which gave rise to the claim asserted. • A general description of the indebtedness, obligation, injury, damage or loss incurred as far as it may be known at the time of presentation of the claim. Without specific information, the County of Orange can take no further action to investigate this claim. Therefore this claim will not be considered until it has been amended to include the above requested information and refiled with the: CLERK OF THE BOARD OF SUPERVISORS 333 W. Santa A a Blvd., Suite 465 Santa Ana CA 92701 t Ver truly yours, ~ 1 f Jeann ac er-J an JAJ: sm nvsu INSU 9-8 Enterprise Rent-A-Car 08-0499.doc TOM PHILLIPS Risk Manager • Safety & Loss Preventwn Program • Workers' Compensation Program . Liability Claims Management Program • Adminiuration & Financial Management • tnsurancdContracts & Commercial Insurance • ADA II Public Access Compliance 600 W. Santa Ana Blvd., Suite 104, Santa Ana, CA 92701 -- P.O. Box 327, Santa Ana, CA 92702 September 23, 2009 COUNTY OF ORANGE CLAIM # 08-0499 V ~`~,~~ Re: ENTERPRISE FILE # DX3233NI4 YOUR INSURED: RECOVERY FINANCIAL YOUR CLAIM # 08-0499 DATE OF LOSS: 04/28/09 ENTERPRISE VEHICLE: 2009 Ford Fusion Per your request The damages we are looking for is $851.01 attached is the estimate that was paid out by Enterprise Rent-A-Car/ I have included that will provide the circumstances of the occurrence which give rise to our claim. Sincerely, Libby Poehling PHONE: 310-817-7985 FAX: 310-817-8985 Loss Control Administrator Enterprise Rent-A-Car (Please reference File #DX3233NI4 in all correspondence) ~~a Rent-A-Car Division PO Box 4487 Canon, CA 90749 .~ ~} 1 December 04, 2009 Carrier: MERCURY PO BOX 1150 BREA CA 92822 Attention: CHRIS RICHESO N Re: Enterprise File Number: DX3233NI4 Your Insured: JOHN DURHAM Your Claim Number: 2009400900243531 Date of Loss: 04/28/09 Amount Due: $851.01 Dear Sir/Madam: Enclosed is documentation of our claim for the damage to the Enterprise vehicle. Based on the facts that have been presented to us, it is our determination that your insured is responsible for the damage. Our claim breakdown is as follows: Damages Claim: Towing Loss of Use ( days @ Administrative fee: Diminishment of Value Total Claim $851.01 $0.00 )~ $0.00 $0.00 $851.01 Please send your payment in the sum of $851.01 to my attention at the address listed above. Please provide our file number with your payment. Sincerely, Libby Poehling Loss Control Administrator (310) 817-7985 __...~e~.r . rant tM5 tstimate and images ~. TEAM THOMPSON Page 1 of 4 iAdmin Data Owner Insured .. Address Address Home Phone Home Phone Work Phone Work Phone Insurance Company Adjuster ENTERPRISE AdJuster Address Phone Email Phone Inspection location Fax Address 161 FOUNDATION AVE LA HABRA, CA 90631 Phone Fax 714-278-9027 Repair Facility Estimator Information Repair Facility Name TEAM THOMPSON Estimator JON THOMPSON Address 161 FOUNDATION AVE Office LA HABRA, CA 90631 Address Phone 714-278-8080 Fax 714-278-9027 Email Federal Tax ID 330876379 Phone State AG211703 Fax BAR Estimate Information Claim Information File ID Ok570tr7_S1 Sup No. S01 Claim # DX3233N14-326NR9 Policy Number _ Platform C 4.40.02 Transmit Date 5/6/2009 Deductible $0.00 Deductible Paid Yes Loss Assignment Date Inspection Date Loss Type 'ehicle Data Year 09 Make FORD Model FUSION SE BodyStyle 4D SED Color GREY VIN Engine 4-2.3L-FI Type Car Odometer 18025 Production Date 0908 Primary Point Of Impactl4 License Secondary Point Of Impactl4 License State CA Line Items Line Operation Description Price QTY Labor Paint Lbr TTL Other 1 FRONT DOOR 2 Remove/Replace RT Outer panel w/keyless $189.18 1 7.8 B $195.00 2 Remove/Replace RT Outer panel w/keyless 2.3 R $57.50 3 Add for Clear Coat 0.9 R $22.50 4 Add for mirror 0.3 B $7.50 5 Add for Edging 0.5 R $12.50 6 RemovelReplace RT Body side mldg $37.75 1 0.4 B $10.00 6 Remove/Replace RT Body side midg 0.5 R $12.50 https://www.getclaim.com/claim/PrintEMSDoc.aspx?eid=20348816&cid=1936&roi... 12/9/2009 rrlnt ~M5 tsiimate and Images Page 2 of 4 7 Add for Clear Coat 0.1 R $2.50 8 FENDER 9 Blend RT Fender 1 R $25.00 10 Blank LOOSEN BUMPER 0.5 B $12.50 11 FRONT LAMPS 12 Remove/Install RT Headlamp assy 0.4 B $10.00 13 Remove/Replace Aim headlamps 0 5 B $12 50 14 REAR DOOR 15 Blend RT Outer panel 1.2 R $30.00 16 Remove/Install RT Belt w'strip black 0.3 B $7.50 17 Remove/Install RT Body s(de mldg 0.4' B $10.00 16 Remove/Install RT Handle, outside 0.3 B $7.50 19 Remove/Install RT R&I trim panel 0.5 B $12.50 20 Blank COLOR MATCH 0.5 R $12.50 21 Blank COVER CAR FOR OVERSPRAY $5.00 1 0.3 B $7.50 22 Blank WET SAND & POLISH 1.5 B $37.50 23 Blank HAZARDOUS WASTE $7.00 1 24 Blank PART ADJUSTMENT $7.16 1 https://www.getclaim.com/claim/PrintEMSDoc.aspx?eid=20348816&cid=1936&roi... 12/9/2009 rrmt Cn~S Cstimate and I ages Page 3 of 4 https://www.getclaim.com/claim/PrintEMSDoc.aspx?eid=20348816&cid=1936&roi... 12/9/2009 mint tnn5 tstimate and images i~ -„ '. _, Y . ~, ?'fj-: Ft _: ~!_ .7 4is ))`~ ~k Page 4 of 4 https://www.getclaim.com/claim/PrintEMSDoc.aspx?eid=20348816&cid=1936&roi... 12/9/2009