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Risk
Management
Frequently Asked Questions
How do I file
a claim for damages against the city?
If you believe that the city is responsible for damages to you
or your property, you must file a written claim within six
months of the incident. In order to meet legal requirements
you must supply specific information. To assist you in meeting
those requirements, the city has prepared a claim form for
your use. Claim forms are available from the City Clerk's
Office or the Risk Management Division. Completed claims
should be mailed or hand delivered to the City Clerk's Office.
What happens
when I do file a claim?
A copy of your claim is sent to the Risk Management Division.
This Division is responsible for investigating and settling
your claim. Generally, a claims adjuster will contact you and
the department you believe is responsible for your damages to
obtain additional information. The adjuster will then
determine if the city is legally responsible for your damages
and, if so, for how much. Generally, the city will only pay
for damages when it can be shown that the city was negligent
in its operations. If the adjuster determines that the city is
not responsible, you will receive a written denial of your
claim 45 days after it was filed.
Why doesn't
the city pay for damages caused by falling limbs from city
trees?
The Urban Forestry Division has established an excellent
maintenance and pruning program for city trees. The courts
have consistently ruled that this program shows that the city
provides reasonable care. Consequently, when tree limbs do
fall it is considered an Act of God and the city is not
responsible.
Additional
information may be addressed to:
City of Modesto Risk Management Division
Attn: Mary Akin, Risk Manager
PO Box 642
Modesto, California 95353
1010 10th Street
Modesto, California 95353
makin@modestogov.com
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P.O. Box 642, Modesto, CA 95353