Filing a Damage Claim Against the City of San Diego

Claims against the City go to the Risk Management Department. Its Public Liability page says the Public Liability and Loss Recovery Division runs the City's self-insured program for public liability (tort) claims and investigates and settles claims that arise from the City's operations.

• Office. City of San Diego Risk Management Department, 1200 Third Ave., Suite 1000, San Diego, CA 92101. Document drop-off hours are 8 a.m. to noon and 1 to 4 p.m.
• Phone. The main line is 619-236-7300. The City's claims FAQ and the RM-9 form list 619-236-6670 for the Public Liability Division, which can also send you a claim form. The department's contact page lists fax 619-236-6106 and [email protected], but see below: new claims are not accepted by email.
• Claims, not repairs. The claims FAQ says Risk Management is not the place to report a pothole or other hazard so it gets fixed; use Get It Done for that. Report the hazard and file the claim as two separate steps.

The Public Liability page gives a short, non-exclusive list of claim types: accidents involving a City vehicle, water main breaks and flooding, sewer main backups and flooding, tow-aways, and trip-and-falls. Other incidents can also be claimed. Our other guides cover the situations residents ask about most:

• Pothole damage to a vehicle. Photograph the hole and the damage, report the pothole, and file within the deadline. Our pothole guide explains how to tell whether the road is the City's, the County's or Caltrans'.
• A trip-and-fall on a sidewalk. Responsibility for a sidewalk can rest with the City or the property owner (see sidewalks below). Our sidewalk repair guide covers how the City splits that responsibility.
• A sewer backup into a home. City Council Policy 400-10 covers property damage from City sewer main stoppages and sewer pump station failures when the City had control of the cause and the homeowner or tenant was an innocent party. It does not cover stoppages in the private sewer lateral, which it says is the property owner's to maintain. Our sewer guide explains who to call first.
• Water main break damage. The same Council Policy 400-10 applies to water main breaks. It says a claim is denied if an identifiable third party, such as a contractor, or the homeowner or tenant caused the loss, and it lists emergency cleanup, personal property, additional living expenses if the home is unfit, real property restoration and reasonable plumbing bills as possible assistance. It excludes lost business income, bodily injury and general damages such as pain and suffering. See our water leaks and main breaks guide, and our storm drains and flooding guide for storm-related flooding.
• Tree or limb damage. Trees are not on the City's example list, but the list is non-exclusive. Whether a tree is City-maintained or private matters; our street trees guide explains who is responsible for which trees. If a fallen limb is blocking the road or someone is hurt, call 911 first.
• Damage from a City vehicle. Accidents involving a City vehicle are on the City's list. The RM-9 form asks for the City vehicle's type or description and its license plate or unit number, and the City employee's name and department if you know them.
• A tow you dispute. Tow-aways are also on the list. Start with the post-storage hearing described in our towed or impounded car guide.

• What the claim form says. The City's RM-9 form states that claims for death, injury to a person or damage to personal property must be filed within six months of the occurrence, citing Government Code section 911.2, and that all other claims must be filed within one year.
• What the state courts say. The California courts' self-help page on government claims describes six months for an injury to you or damage to something you own, and one year for a broken contract or damage to real estate, and notes that there are exceptions. It also says the deadlines for government claims can be especially confusing.

If you are not sure which deadline fits your situation, do not wait: filing well inside six months avoids the question, and a lawyer can tell you how the rules apply to your facts.

The City accepts claims in three ways. Filing is free, according to its claims FAQ.

• Online. Under City Council Resolution No. 314369, claims can be submitted electronically through the Public Liability Claims Portal. The City says you get a confirmation after submitting, and then a notification with your claim number and the direct contact details of the adjuster assigned to it.
• By mail. Complete, print and sign the RM-9 claim form (or another written claim that meets Government Code requirements) and mail it to City of San Diego, Risk Management Department, 1200 Third Ave., Suite 1000, San Diego, CA 92101.
• In person. Deliver the signed form to the same address during regular business hours. The Public Liability page lists document drop-off hours of 8 a.m. to noon and 1 to 4 p.m.

The RM-9 form must be signed by the claimant or someone filing for them, and it warns that filing a false claim is a crime. The form asks for a Social Security or Tax ID number; its instructions say the City cannot process payments without one and that leaving it off will delay the claim. Including an email address is highly recommended.

The City asks you to include anything that supports your claim and to back up the amount you are asking for. Based on the Public Liability page, the claims FAQ and the RM-9 instructions, gather:

• Photos. The City says property damage claims require photographs of the damage. When it is safe, also photograph the cause, such as the pothole, the raised sidewalk or the fallen limb, and the surroundings. Diagrams help too.
• When and where. The exact date and time, and the location with street address, block number or cross street. The form also asks what happened in detail and why you believe the City is responsible.
• Estimates, receipts and bills. Property damage claims require an estimate, and the RM-9 instructions ask for two repair estimates. Attach invoices and receipts, and for injuries, unaltered copies of bills from treating doctors and other related expenses. Break down each item and how you got the total; you can include expected future costs.
• Vehicle details. For a vehicle or impound claim: year, make, model and plate, driver's license number, your insurance company, policy and claim numbers, proof of insurance and a copy of the current registration.
• Witnesses and providers. Names, addresses and phone numbers of witnesses, doctors and hospitals, and the name of any City employee involved if you know it.

The form explains that for claims of $12,500 or less you state the total and how you calculated it; above that, you do not need to name an amount but must say whether the case would be a limited civil case (under $35,000) or unlimited.

• Investigation. The City says each claim is investigated and assigned to a Claims Representative, who reviews it with your documents and contacts you if there are questions. Accurate details speed this up.
• Timing. The RM-9 instructions ask you to allow 45 days for processing. The California courts' self-help page also says a government agency has 45 days to respond to a claim.
• Decision. The claims FAQ says that once the Claims Representative has what they need, you are told whether the claim is approved or denied. A denial comes with a written response outlining the remedies state law allows.
• No promise of payment. The City says a request for more information does not mean your claim is accepted for payment or that the City accepts liability. Council Policy 400-10 adds that the City keeps all its legal rights after a claim is filed.
• After a denial. The courts' self-help page says you generally have six months from the date a rejection is mailed to file a small claims case, and that if the agency does not respond within 45 days you generally have up to two years from the injury to start a case. It recommends talking to a lawyer if you are not sure of your deadline.

Sidewalk trip-and-falls raise a question many residents do not expect: who is responsible for that piece of sidewalk.

• Owners maintain most sidewalks. The City's sidewalk repair process FAQ says property owners are liable for maintaining the sidewalk in front of their homes and businesses. The Street Division's sidewalk page puts normal wear and tear, age damage and damage from private trees on the homeowner.
• The City's share. The same page says the City maintains sidewalks fronting City-owned property and repairs damage from heat expansion, City utility work, grade subsidence and trees in the right-of-way. Council Policy 200-12 lists similar conditions for City-paid replacement.
• Owner liability. The City's sidewalk repair infographic says an owner may incur civil liability for someone's injury or property damage where the owner caused or created the defective condition. That is the City's summary, not legal advice.

Whatever the cause, report a hazardous sidewalk through Get It Done. The City patches reported trip hazards as a temporary fix regardless of who is responsible. Details are in our sidewalk repair guide.