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Claims Management
Liability Claims – Filing a Claim
In the event an incident occurs, the affected person/group/business may file a claim with the City of Fontana. A claim against the City must be made in writing. A claim form must be submitted to the City Clerk’s Department within six (6) months of the date the incident occurred. If there is not enough space on the claim form, please use additional paper and identify information by paragraph number.
The claim form must be accurately completed, printed, signed and mailed or hand-delivered to the address below. Electronic and facsimile filings will not be accepted.
Submit Claims to:
City of Fontana
Attn: City Clerk’s Office
16860 Valencia Ave.
Fontana, CA 92335
Allow 45 days to process and investigate your claim. You can expedite the investigative process if you provide written justification for the amount of loss indicated. Personal injury claims need to be accompanied by unaltered copies of bills from treating physician(s) or other expenses incurred. All information submitted will be evaluated together with the results of the investigation.
**Please be advised a claim submitted does not guarantee a commitment to pay your claim or an admission of liability. All information submitted will be evaluated and investigated to make a final liability decision.**
- How do I file a claim?
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Fill out the Government Claim form and submit to:
City of Fontana
Attn: City Clerk’s Department
16860 Valencia Ave. Fontana, CA 92335 - How will I know that my claim has been received?
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The party filing the claim will receive a phone call from Carl Warren & Company within 10 business days from receipt of the claim from the adjuster managing the claim.
- When will you tell me what my claim status is?
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The party filing the claim will receive a letter within 45 days to explain whether the claim has been accepted or denied.
- Who do I contact if I have questions about my claim?
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If the party has additional questions regarding their claim they should contact our Third Party Administrator, Carl Warren & Company. Please see information below.
Contact Information: Carl Warren & Company P.O. Box 2411
Tustin, CA 92780(657) 622-4200 - How long do you have to file claims?
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The California Tort Claims Act requires that you must file your claim with the government entity within the following time periods, or you may be forever barred from bringing your claim:
- Personal Injury – Six (6) months from time of incident;
- Damage to Personal Property – Six (6) months from time of incident;
- Wrongful Death – Six (6) months from time of incident;
- Breach of Contract – One (1) year from time of incident;
- Damage to Real Property – One (1) year from time of incident;
- Equitable Estoppel – (1) year from time of incident.
- Why is it important to file a claim?
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In general, an individual may not sue a government entity for monetary damages without first filing a written “government claim” within the legally allowed timeframe. The California Tort Claims Act requires this step be taken first to put the public entity on notice and allow them to investigate the claim so that it can properly defend itself or correct the dangerous condition that led to the claim. This law applies if you plan to file a claim/bring a lawsuit against all forms of public entities such as state, county, and local government agencies, or departments as well as to government employees.
- What information should I include when filing my claim?
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- Complete all sections of the form that apply.
- Clearly note Claimants name and mailing address.
- The date, place, and circumstances that gave rise to the claim asserted.
- A general description of the debt, obligation, injury, damage, or loss incurred as best as can be determined at the time of filing, so far as it may be known at the time of presentation of the claim.
- Any supporting documentation (i.e., receipts, invoices, etc.).
- The name(s) of the entity or employee full name.
- If my claim is rejected or I receive a notice of insufficiency, what can I do?
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Contact the TPA, Carl Warren & Company at (657)622-4200 and inquire about the rejection or if additional information is needed to amend the insufficient claim.
If you are unable to connect with a claims examiner at Carl Warren & Company, please contact the Human Resources and Risk Management Department at the City of Fontana directly at (909) 350-7650 or email humanresources@fontanaca.gov
Subrogation
Subrogation is the process an insurance company uses to recover claim amounts paid to a policyholder from a negligent third party. Subrogation is the recovery of monies from an at-fault party who caused damage to City property or injury to a City employee.
If you have caused damage to City property, if appropriate, please file a report with the Police Department, then contact the Risk Management Division to make arrangements for payment. The cost estimation will be assessed by the appropriate City staff and department if necessary.
The City is self-insured, self-administered for its General Liability Programs. The subrogation process is initiated by our office by filing a claim with another insurance company and/or by making a written request for payment from the at-fault party. In some cases, Subrogation may involve filing a small claims action or lawsuit against a negligent party.
1. Auto Accidents (City vehicle or equipment)
2. Damage to County property (fencing, guardrails, signs)
In some circumstances, the City is the victim of damages and may work with the following various legal departments to obtain restitution.
- Superior Courts - Enhanced Collections
- District Attorney - Victim Services Unit
- Probation - Restitution Services Unit