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Risk
Management 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 Personnel Department
Attn: David Rawe,
Assistant Risk Manager
801 11th Street
Modesto, California 95353
(209)577-5411
drawe@modestogov.com
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P.O. Box 642, Modesto, CA 95353