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Topic: LIABILITY CLAIMS ADJUSTING Date Issued:June 30, 1994

Section: LIABILITY/PROPERTY Date Revised:

INSURANCE PROGRAM

Number: XXIII.9.

PURPOSE:

To establish a procedure to adjust of all tort liability claims filed

against the County of Santa Cruz, the Santa Cruz County Sanitation Dis-

trict, and any other entity which the Board of Supervisors may be the gov-

erning board.

LEGAL BASIS:

California Tort Claims Act of 1964

Government Code Sections 810, et. seq.

POLICY:

It is the policy of the County of Santa Cruz to investigate all tort lia-

bility claims prior to recommending formal action by the appropriate gov-

erning board.

PROCEDURE:

1. Claims must be presented to the Clerk to the Board of Supervisors.

The Clerk will date stamp and forward two copies of the claim to the

Liability Program Manager in the Risk Management Division of the Per-

sonnel Department.

2. All claims are logged into the Liability Claims Log and assigned a

claim number. When multiple claims are received, in the same fiscal

year, for the same occurrence, the same claim number will be assigned

with a suffix of "a," "b," " c," etc.

3. All claims are reviewed to make sure they are sufficient. If a claim

is not sufficient, within 20 days of the date of receipt, the Liabili-

ty Program Analyst will write the claimant a letter requesting the

information necessary to make the claim sufficient. The claimant has

15 days from the date the insufficient letter is mailed to submit an

XXIII.9.

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amended claim. The Board of Supervisors, or governing board, may not

act on the claim during those 15 days.

To be considered sufficient a claim must:

a. contain the name and address of the claimant;

b. contain the date and place of the occurrence which gave rise to

the claim asserted;

c. contain a general description of the indebtedness, obligation,

injury, damage or loss incurred so far as it is known;

d. contain the name or names of the public employee or employees

causing the injury, damage or loss, if known;

e. contain the amount claimed;

f. contain the court of jurisdiction for claims over $10,000;

g. contain the claimants signature.

4. Claims must be filed within the time guidelines as set forth in Gov-

ernment Code Section. Most claims must be filed within six months or

180 days of the date of occurrence. Claims for some allegations may

be filed up to one year from the date of occurrence.

If a claim is determined to have been filed "untimely," the Liability

Program Manager will write the claimant advising that the claim was

not filed with in the time guidelines as prescribed in the Government

Code and that in order to be considered by the governing board an

application for leave to present a late claim must be filed.

5. All tort liability claims are investigated. The Liability Program

Manager and County Counsel Tort Attorney together will determine the

appropriate investigation based upon the information provided in the

claim. Based upon this determination:

a. department heads will be requested to investigate claims which

their department may have information or knowledge of;

b. an outside adjuster may be used to determine values of property

claimed to have been damaged;

c. an outside investigator may be used to interview witnesses and

obtain statements, photograph accident sites, and gather other

information that will assist in the defense of a claim.

6. If a determination is made that the County was at fault for the alle-

gation set forth in the claim, the Liability Program Manager will

attempt to negotiate a settlement with the claimant. Pursuant to

Santa Cruz County Ordinance No. 3977, the Risk Manager of the County

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LIABILITY CLAIMS ADJUSTING Page 3 of 3

of Santa Cruz is authorized to settle claims in amounts of $1,000 or

less for all claims except automobile property damage. For claims

exclusively relating to automobile property damage, the Risk Manager

is authorized to settle claims in amounts of $5,000 or less. Negoti-

ated settlements above those amounts must be approved by the Board of

Supervisors, or appropriate governing board.

7. If a determination is made that the County was not at fault, or a

settlement cannot be negotiated, then the claim will be presented to

the Board of Supervisors, or governing board, within 45 days of re-

ceipt for formal action.

After the Board of Supervisors, or governing board, has taken formal

action on a claim, County Counsel Tort Attorney will mail each claim-

ant a denial letter advising of the action taken.

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