HomeMy WebLinkAbout06 CLAIM OF DIANE HALE 12-04-06 AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director MEETING DATE: DECEMBER 4, 2006 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF LIBERTY MUTUAL AS SUBROGEE FOR DIANE HALE, CLAIM NO. 06-31 SUMMARY: The Claimant reported that while it was parked in front of 650 W. Main Street, their insured's Hyundai Santa Fe was damaged by branches falling from a City tree. The cost to repair the resulting dents and scratches on the vehicle was $788.48, RECOMMENDATION: That the City Council deny Claim Number 06-31, Liberty Mutual for Diane Hale, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: Staff has confirmed that the above City owned tree, which is a "Magnolia Grandiflora", is on a two to three year trim cycle and was maintained timely on March 18, 2005 and September 15, 2006, Also, there have been no prior complaints or incidents regarding this tree. While it could be that the branches dropped because of the high summer temperatures, the exact reason is not known and the event was not foreseeable. As this appears to be a case of no liability against the City, the e 'm is being denied at this time. ATTACHMENT: Copy of Claim No. 06-31 Consideration Of Claim Of Libert yMutuaI06-31. doc CLAIM AGAINST THE CITY OF TU (For Damages to Person or Personal t.... l -: .,! t-J j I I .I i Time Stamp: Received Via: o U.S. Mail o Inter-Office Mail [i}'bver the Counter ,,"'o"} r-,-' '1" 1 L />\ ICJ: ?: I Claim No: C'6 - 3/ 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 hislher 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. 1. Name and Post Office address of the Claimant: Name of Claimant: l'\ 'G t! (t'l Home Address: ~? . Home Telephone: ( Work Telephone: 2. Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) Name of Addressee: Post Office Address: L :bect'l ,'Y'Iu{v,,1 5050 (,,0, ,~ \len+C:)0-JI\ If' >..J"af\( e. Telephone: l-get'). SJ./- ()'i'/p r Y/6 -\ 'I L "t Qte ...lr.... '!lnMi.n ~,- ~__ "'~ t'A '-tio'" 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises, Date of Occurrence: 7/.111 0(0 Location: G, 50 C w ("(\ .:,,', '" Circumstances giving rise to this claim: \ (e t' OfC((\{ he<~ c\Cl{'C\.(' ~ St Time of Occurrence: Iv.~t,,, C A q ~ 7;'-0 c.,'50 P 1"\.00 re. \\ R- ")'I~ -\-r e t 0'"to Cd C ('{I ..'\. r''/j- 4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. .set' <:i t\ur\\e A :u 15S~. '1 ~ cienf ()/\ hood <;"'(', /" tel: . r, ~) I <-IJ t'.~ {,,:,1 eli "/t'./1-- St{le 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: 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 9 86.) o Limited Civil Case D Unlimited Civil Case You are required to provide the Information requested above in order to comply with Government Code S910. Additionally, In order to conduct a timely Investigation and possible resolution of your claim, the Ci of Tustin re uests that ou answer the followln uestlons. 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: .-k\\ T), C( ('. e \-\ cd e~ ~OiVI +'-e e ~ So ,,\ ~~{ w hit Cl't (" -+t.\.L bcl\. l\che.s 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: If applicable, please attach any medical bills or reports or similar documents supporting your claim. 9. If the claim relates to an automobile accident: l" 'b;~i" rr,u-hlq\ Claimant(s) Auto Ins. Co.: I ~ e. I I \I <:::t:ll\l\e n So. 0" ~~ 1- Telephone: Insurance~o.: 7.~ 8S ';Y~l-{>t) 0-:2. Address: Insurance Broker/Agent: Address: Telephone: Claimant's Veh. Lic. No.: . Claimant's Drivers Lic. No.: Vehicle Make/Year: Expiration: :;'lZ'i. ,<; ill'! }n.h ~ j <." ./-,' , ..>ti..h{ fe, If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 4 READ CAREFULLY 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. CURB ~ L SIDEWALK CURB -,. PARKWAY SIDEWALK I Warning: Presentation of a false claim is a felony (Penal Code 972). Pursuant to CCP 91038, 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: ~---- -- 3n~, r on maS f //J fOr J. ,'beffY (htlft'q/ S~ -'I t '. t'. (mSCf' Date: loJ////J6 Page 3 of 4 ~ libertY. \p Mutual. Liberty Mutual Fir ilsurance Company 5050 W Tilghman St Ste 200 Allentown P A 18104-9154 Tel: (610) 398-9800 / (800) 521-0986 Fax: (610) 336-0305 October 11, 2006 CITY OF TUSTIN CITY CLERK'S OFFICE 300 CENTENNIAL WAY TUSTIN CA 92780 --' " .' , - i > .---- " ) OUR INSURED: OUR CLAIM NUMBER: YOUR INSURED: YOUR CLAIM NUMBER: DATE OF LOSS: 07/21/2006 PLACE OF 650C W MAIN ST LOSS: TUSTIN,CA DIANE L. HALE PD660-0073 85686-0 1 CITY OF TUSTIN .,,? ---~ Dear City Clerk: Based on our investigation of this accident, we'believe your Insured to be responsible for the damage to our Insured's vehicle. I have enclosed documentation to support the following subrogation claim: Amount we have paid Salvage (if applicable) Our Insured's deductible Total amount of damages $ $ $ $ 583.48 0.00 100.00 788.48 Please include our claim number on your check for the total amount of damages shown above and send your payment to my attention. If you have any questions, please contact me at the number listed above, extension 416. Sincerely, SHARON MASTIN Subrogation Department Enclosure Helping People Live Safer, More Secure Lives SUBI27A ~ !:fALL DIANE - HALL DIANE 007385 -0001 DOL" 0712112006 Financial Summ I!!lIiIEJ File Edit Toob Help '--~-,-'"~"._,_._-,.,-,."~_._------.;,.-~-----,- tr) I ~INext I Amounts per Coverage: Gross Expense; Paid to Date: Net Expense; Paid to Date: ' Financial Transaction Histor}l;.. Name INSURANCE COLLISION CENTER INSURANCE COLLISION CENTER ~oiect New ProeetSl ,I . 1,' ..:J Open New ProceSs.. , ~ Disbursed Reversed 583.48 583.48 08/10/2006 Ready INSURM......tE COLLISION CENTER 5120 EAST LA PALMA AVE ANAHEIM HILLS. CA 92807 (714) 777-1577 FAX: (714) 777-4712 CD LOG NO 180-1 DATE 08/09/06 REP.ORDER 400972 SHOP: ADDRESS: INSURANCE COLLISION CENTERS 5120 E. LA PALMA AVE SUIT 103 ANAHEIM HILLS. CA 92807- INSP DATE: CONTACT: PHONE 1: PHONE 2: FAX: CITY STATE: ZIP: OWNER: ADDRESS: CITY STATE: ZIP: HALE. DIANE HOME PHONE: CELL PHONE: CLAIM#: 007385686-01 INSURED: HALE.DIANE LOSS DATE: 07/21/06 POINT OF IMPACT: 16 08/09/06 JOHN RUTHERFORD (714) 777-1577 (714)777-1643 (714)777-4712 ( POLICY#: TYPE OF LOSS: COMPREHENSIVE/DRP DAYS TO REPAIR: 3 INS. CO: ADDRESS: CITY STATE: ZIP: EMAIL: LIBERTY MUTUAL 1750 HOWE AVE. #400 SACRAMENTO. CA 95825- SBALDWIN@ICCGROUPS.COM PHONE 1: FAX: LIC#: BODY COLOR: WHITE CONDITION: GOOD STATE: VIN: MILEAGE: ACCTNG CTL#: DRIVEABLE: YES PROD. DATE: 11/04 VEH. INSP#: PAINT CODE: "=USER~ENTERED VALUE E=NEW PART EC=QUALITY REPLACEMENT PART UC=RECONDITIONED PRT UM=NEW DISCOUNT OEM PRT EP=SEE QUAL. REPL. PRT. RPT. PC=PXN RECONDITIONED PM=PXN REMAN/REBUILT ET=LABOR/PARTIAL REPLACE IT=LABOR/PARTIAL REPAIR L=REFINISH BR=BLEND REFINISH CG=CHIPGUARD SB=SUBLET RI=R&I ASSEMBLY P=CHECK RP=RELATED PRIOR DAMAGE UP=UNRELATED PRIOR DAMAGE (800)565-5505 (916)564-2007 10.243 ZZZZZZZZZ NG=REPLACE NAGS UE=DISABLED EU=REPLACE RECYCLED OE=DISABLED TE=PART/PARTIAL REPLACE I=REPAIR TI'=TWO - TONE N=ADDNL LABOR OPERATION AA=APPEARANCE ALLOWANCE PAGE 1 08/09/06 2005 HYUNDAI SANTA FE GLS 3.5 4DOOR WAGON CD LOG NO 180-1 REP.ORDER 40f 2 ( ) ALL SUPPLEMENTS REQUIRE PRIOR APPROVAL BY LIBERTY MUTUAL REPRESENTlVE. PLEASE CONTACT LIBERTY MUTUAL'S SACRAMENTO CLAIMS CENTER AT 1-800-565-5505 FOR ANY SUPPLEMENT REQUEST. BOTH MATERIALS & LABOR FOR TINT COLOR AND COVER CAR ARE INCLUDED OPERATIONS WITHIN ADP DATABASE COPY OF APPRAISAL HAND DELIVERED TO VEHICLE OWNER OLD DAMAGE; SCRAPE IN L SIDE OPF REAR BUMPER 2005 HYUNDAI SANTA FE GLS 3.5 4DOOR WAGON 6CYL GASOLINE 3.5 CODE: E7104B/E OPTNS D/2ABDERFVGHJSPQZ OPTIONS: TWO-STAGE - EXTERIOR SURFACES DRIVER POWER SEAT POWER DOOR LOCKS REMOTE KEYLESS ENTRY SYSTEM REAR WIPER TRACTION CONTROL SYSTEM ALARM SYSTEM FRONT SIDE IMPACT AIRBAGS BUMPER COVER MOUNTED FOG LAMPS HEATED REMOTE CONTROL MIRRORS ELEC REMOTE CONTROL MIRRORS MOONROOF ANTI - LOCK BRAKE SYSTEM AIR CONDITIONING CRUISE CONTROL OP GDE MC DESCRIPTION RI 0029 RI 0041 I 0083 L 0083 BR 0103 RI 0014 RI 1052 RI 1053 I 0209 I 0289 I 0341 I 0389 I 0479 SB M60 I M66 MFG.PART NO. PRICE AJ% B% HOURS R GRILLE ASSEMBLY R&I ASSEMBLY HEADLAMP ASSY,BALOG LT R&I ASSEMBLY PANEL, HOOD REPAIR 13 PANEL,HOOD REFINISH 2.9 SURFACE O. 6 TWO STAGE SETUP O. 6 TWO STAGE FENDER,FRONT LT BLEND REFINISH 0.8 BLEND O. 4 TWO STAGE MLDG, FENDER LOWER L/R R&I ASSEMBLY NOZZLE, W/S WASHER LT R&I ASSEMBLY NOZZLE, W/S WASHER RT R&I ASSEMBLY PNL,FRONT DOOR OUTE LT REPAIR BUFF SCUFFS OFF ON DOOR & SIDE MOLDING PNL,REAR DOOR OUTER LT REPAIR BUFF SCUFFS OFF DOOR & SIDE MOLDING PANEL, ROOF REPAIR BUFF SCUFFS OFF L ROOF SAIL PANEL & LUGGAGE RACK PANEL, QUARTER LT REPAIR BUFF SCUFFS OFF QUARTER PANEL & GLASS SHELL, TAILGATE REPAIR BUFF SCUFFS OFF UPPER TAILGATE HAZARD. WSTE. REM. SUBLET REPAIR 3.00 * COLOR, SAND & BUFF REPAIR HOOD & L FENDER 0.3 1 0.2 1 2.5*1 4.1 4 1.2 4 0.2 1 0.1 1 0.1 1 1.0*1 1. 0*1 1.0*1 1. 0*1 0.5*1 *1* 0.8*1* PAGE 2 08/09/06 2005 HYUNDAI SANTA ~FE GLS 3.5 4DOOR WAGON CD LOG NO 180-1 REP.ORDER 40 '2 15 ITEMS MC MESSAGE(S) 13 INCLUDES 0.6 HOURS FIRST PANEL TWO-STAGE ALLOWANCE FINAL CALCULATIONS & ENTRIES PAINT MATERIAL PARTS & MATERIAL TOTAL TAX ON PARTS & MATERIAL @ 7.750% 137.80 137.80 10.68 LABOR 1-SHEET METAL 2-MECH/ELEC 3 - FRAME 4-REFINISH 5 - PAINT MATERIAL LABOR TOTAL SUBLET REPAIRS TOWING STORAGE RATE 38.00 75.00 55.00 38.00 26.00 REPLACE HRS 0.9 REPAIR HRS 7.8 330.60 5.3 201.40 532.00 3.00 GROSS TOTAL 683.48 LESS: DEDUCTIBLE 100.00- NET TOTAL 583.48 ADP SHOPLINK UR217 ES CD LOG 180-1 DATE 08/09/06 02:45:18PM R6.37 CD 07/06 PXN: Y/OO/OO/OO/OO/OO CUM 00/00/00/00/00 GEOCODE 92807 HOST LOG (C) 1998 - 2006 ADP CLAIMS SOLUTIONS GROUP, INC. 1.6 HRS WERE ADDED TO THIS EST. BASED ON ADP TWO-STAGE REFINISH FORMULA. -------------------------------------------------------------------------- THIS IS NOT AN AUTHORIZATION TO REPAIR. NO SUPPLEMENT WITHOUT REINSPECTION BY THIS APPRAISER. ALL SUPPLEMENTS MUST BE APPROVED PRIOR TO REPAIR. COLLECT IN FULL FROM OWNER. PLEASE SHOW ESTIMATE TO REPAIR SHOP. YOUR VEHICLE. (SEE WARRANTY FOR COMPLETE TERMS AND EXCLUSIONS). **** LOOK FOR THE CAPA SEAL **** PAGE 3 08/09/06