Loading...
CC 20161206 G Sherman Lee Claim Against the CityRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 12/06/2016 AGENDA HEADING: Consent Calendar Consideration and possible action regarding a claim against the City by Sherman Lee. RECOMMENDED COUNCIL ACTION: 1) Reject the claim and direct Staff to notify the claimant. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Teresa Takaoka, Acting City Clerk REVIEWED BY: Gabriella Yap, Deputy City Manager J-' APPROVED BY: Doug Willmore, City Manager.1'1 ATTACHED SUPPORTING DOCUMENTS: A. Sherman Lee claim (page A-1) BACKGROUND AND DISCUSSION: The claimant states that his vehicle's windshield was damaged when driving over an area of the road that had recently been resurfaced. Debris left from the resurfacing cracked his windshield. The alleged incident occurred on October 13, 2016, and the claim was filed on October 25, 2016. The City's Claims Administrator, Carl Warren and Company, has reviewed the claim and advised the City to reject it, due to the determination that the contractor responsible for resurfacing the road should have cleared any remaining debris. Therefore, liability is doubtful on behalf of the City. 1 FILE WITH: � P � _ CITY CLERK °5 OFFICE CLAIM R D I� City of Rancho Palos Verdes 30940 Hawthorne Ted. Rancho Palos Verdes, CA 00275 TO PERSON OR PROPERTY IKISTRUCTIONS 9. Claims for death, injury to person or to personal property must be filed not later than sirs months after the occurrence. (Gov. Code Sec. 3i 9.2.) 2. Claims for damages to real property mint be filed not later than `i year after the occurrence. (Gov. Code Sec. g9 9.2.) 3. Read entire claim form before filing. 4. See Page 2 for diagram upon which to locate place of accident. S. THIS CLAIM FORM MUST BE SIGNED ON PAGE ? AT BOTTOM. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. 7(IV: CITY OF RANCHO PALOS VERDES _— ------ — ----- S 4-E-P–m A`N LEG7 DESERVE FOR FILING STAMP R 011-Y OF RANCHO , OCT, 2 5 2C-1uc "ITY CLEF Date of Birth of W Occupation of Claimant -YHome to dress of ClaimantCity and State Home Telephone Humber Business Address of Claimant City and Mate Give address and telephone number to which you desire notices or communications to be sent regarding this claim: laimant's Social Security No. When did AMAGE or INJURY occur? Names of any city, employees involved in INJURY or DAMAGE Date ®/(- Time : ®S® eror4 ....... If claim is for Equitable Indemnity, give date g r claimant served with the complaint: �9 Date Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on Page ?. Where appropriate, give street names and address and measurements from landmarks: Describe in detail hogs the DAMAGE or INJURY occurred. 5 I pp Ca- r p 5 V I -'W 4e- Describe in detail each INJURY or DAMAGE. This Claim Must Be Signed on Page A-1 The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property .................... $70 Future expenses for medical and hospital care Expenses for medical and hospital care ... $ Future loss of earnings ..................... $ Loss of earnings ...................... $ Other prospective special damages .......... $ Special damages for ................... $_ Prospective Total estimate prospective damages ....... $ General damages ...................... $ Total damages incurred to date ........ $- Total amount claimed as of date of presentation of this claim: $ -74 Was damage and/or injury investigated by police? V 0 If so, what city?_ Were paramedics or ambulance called?_IV y if so, name city or ambulance If injured, state date, time, name and address of doctor of your first visit _ WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address -Phone Name Address-- Phone Name Address Phone ------.- Hospital Address Date Hospitalized_ Doctor Address Date of Treatment Toctor A,;(sOes-c -6 READ CAREFULLT For all accident claims place on following diagram names your vehicle when you first saw City vehicle; location of of streets, including North, East, South, and West; indicate City vehicle at time of accident by "A-1" and location of place of accident by "X" and by showing house numbers yourself or your vehicle at the time of the accident by or distances to street corners. If City Vehicle was "B-1" and the point of impact by "X." NOTE: If diagrams involved, designate by letter "A" location of City Vehicle below do not fit the situation, attach hereto a proper when you first saw it, and by "B" location of yourself or diagram signed by the claimant. Signature of Claimant or person filing on ee-dawb 1-(f SIDEWALK Typed Name: ,5 ljb-�e4" 1W �10 P- - A- kj� rwv "Y' 4S NOTE.- CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. A-2 LA CAR GUY BODY SHOP Workfile ID: 20cb9bf6 Federal ID: 39-2065116 8635 AVIATION BLVD, INGLEWOOD, CA 90301 Federal EPA: CAL000348620 Phone: (424) 207-2000 State EPA: CAL000348620 FAX: (424) 207-2093 BAR: ARD00260246 Preliminary Estimate Customer: Lee, Sherman Insured: Lee, Sherman Type of Loss: Point of Impact: Owner: Lee, Sherman Written By: EDVARD AKHVERDYAN Policy #: Date of Loss: Inspection Location: LA CAR GUY BODY SHOP 8635 AVIATION BLVD INGLEWOOD, CA 90301 Repair Facility (424) 207-2000 Business VEHICLE 2016 SUBA FORESTER AWD PREMIUM 4D UTV 4 -2.5L -FI grey Claim #: Days to Repair: 0 Insurance Company: VIN: Interior Color: Mileage In: 18,209 Vehicle Out: License: Exterior Color: grey Mileage Out: State: CA Production Date: Condition: Job #: TRANSMISSION Air Conditioning Search/Seek Luggage/Roof Rack Automatic Transmission Intermittent Wipers CD Player Electric Glass Sunroof 4 Wheel Drive Tilt Wheel Auxiliary Audio Connection SEATS POWER Cruise Control Satellite Radio Cloth Seats Power Steering Rear Defogger SAFETY Bucket Seats Power Brakes Keyless Entry Drivers Side Air Bag Reclining/Lounge Seats Power Windows Alarm Passenger Air Bag WHEELS Power Locks Message Center Anti -Lock Brakes (4) Aluminum/Alloy Wheels Power Mirrors Steering Wheel Touch Controls 4 Wheel Disc Brakes PAINT Power Driver Seat Rear Window Wiper Traction Control Clear Coat Paint DECOR Telescopic Wheel Stability Control TRUCK Dual Mirrors Backup Camera w/Parking Sensors Front Side Impact Air Bags Rear Step Bumper Privacy Glass RADIO Head/Curtain Air Bags Power Trunk/Gate Release Console/Storage AM Radio Communications System Overhead Console FM Radio Hands Free Device CONVENIENCE Stereo ROOF 10/24/2016 1:05:21 PM 055497 A-3 Page 1 Preliminary Estimate Customer: Lee, Sherman 2016 SUBA FORESTER AWD PREMIUM 4D UN 4 -2.5L -FI grey Line Oper Description Part Number Qty Extended Labor Paint Price $ 1 WINDSHIELD 2 Repl Windshield Subaru w/o eyeview, 65009SG410 1 499.96 2.2 w/wiper deicer 3 # Glass Urethane Kit 1 25.00 T SUBTOTALS 524.96 2.2 0.0 ESTIMATE TOTALS Category Basis Rate Cost $ Parts v499.96 Body Labor 2.2 hrs @ $ 60.00 /hr 132.00 Miscellaneous 25.00 Subtotal 656.96 Sales Tax $ 524.96 @ 9.5000% 49.87 Grand Total 706.83 Deductible 0.00 CUSTOMER PAY 0.00 INSURANCE PAY 706.83 This estimate is based on a visual inspection only; it is valid for 120 days from date of origination, based on the following contingencies. If, when the vehicle is torn down further damage is discovered, additional parts and labor may be required. After the work has started, worn or damaged parts which were not evident on the first inspection may be discovered. Naturally this estimate cannot cover these or any other unknown conditions. All prices are subject to manufacturer and /or sublet supplier increases. SIGN: DATE: 10/24/2016 1:05:21 PM 055497 Page 2 A-4 Preliminary Estimate Customer: Lee, Sherman 2016 SUBA FORESTER AWD PREMIUM 4D UTV 4 -2.5L -FI grey FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART, A=APPROXIMATE PRICE. LABOR TYPES: B=BODY LABOR, D=DIAGNOSTIC, E=ELECTRICAL, F=FRAME, G=GLASS, M=MECHANICAL, P=PAINT LABOR, S=STRUCTURAL, T=TAXED MISCELLANEOUS, X=NON TAXED MISCELLANEOUS. CCC ONE: ADJ=ADJACENT, ALGN=ALIGN, A/M=AFTERMARKET, BLND=BLEND, CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION, D&R=DISCONNECT AND RECONNECT, EST=ESTIMATE, EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY, INCL=INCLUDED, MISC=MISCELLANEOUS, NAGS=NATIONAL AUTO GLASS SPECIFICATIONS, NON-ADJ=NON ADJACENT, 0/H=OVERHAUL, OP=OPERATION, NO=LINE NUMBER, QTY=QUANTITY, RECOND=RECONDITION, REFN=REFINISH, REPL=REPLACE, R&I=REMOVE AND INSTALL, R&R=REMOVE AND REPLACE, RPR=REPAIR, RT=RIGHT, SECT=SECTION, SUBL=SUBLET, LT=LEFT, W/O=WITHOUT, W/_=WITH/_ SYMBOLS: #=MANUAL LINE ENTRY, *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED], **=DATABASE LINE WITH AFTERMARKET, N=NOTES ATTACHED TO LINE. OPT OEM=ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT. 10/24/2016 1:05:21 PM 055497 A-5 Page 3 Preliminary Estimate Customer: Lee, Sherman 2016 SUBA FORESTER AWD PREMIUM 4D UTV 4 -2.5L -FI grey Estimate based on MOTOR CRASH ESTIMATING GUIDE and potentially other third party sources of data. Unless otherwise noted, (a) all items are derived from the Guide ARL7604, CCC Data Date 10/11/2016, and potentially other third party sources of data; and (b) the parts presented are OEM -parts manufactured by the vehicles Original Equipment Manufacturer. OEM parts are available at OE/Vehicle dealerships. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships. OPT OEM or ALT OEM parts may reflect some specific, special, or unique pricing or discount. OPT OEM or ALT OEM parts may include "Blemished" parts provided by OEM's through OEM vehicle dealerships. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor data provided by third party sources of data may have been modified or may have come from an alternate data source. Tilde sign (—) items indicate MOTOR Not -Included Labor operations. The symbol (<>) indicates the refinish operation WILL NOT be performed as a separate procedure from the other panels in the estimate. Non -Original Equipment Manufacturer aftermarket parts are described as Non OEM, A/M or NAGS. Used parts are described as LKQ, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line. .with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign (#) items indicate manual entries. Some 2017 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The CCC ONE estimator has a list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership. The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to be repaired or replaced: SYMBOLS FOLLOWING PART PRICE: m=MOTOR Mechanical component. s=MOTOR Structural component. T=Miscellaneous Taxed charge category. X=Miscellaneous Non -Taxed charge category. SYMBOLS FOLLOWING LABOR: D=Diagnostic labor category. E=Electrical labor category. F=Frame labor category. G=Glass labor category. M=Mechanical labor category. S=Structural labor category. (numbers) 1 through 4=User Defined Labor Categories. OTHER SYMBOLS AND ABBREVIATIONS: Adj.=Adjacent. Algn.=Align. ALU=Aluminum. A/M=Aftermarket part. Bind=Blend. BOR=Boron steel. CAPA=Certified Automotive Parts Association. D&R=Disconnect and Reconnect. HSS=High Strength Steel. HYD=Hydroformed Steel. Incl.=Included. LKQ=Like Kind and Quality. LT=Left. MAG=Magnesium. Non-Adj.=Non Adjacent. NSF=NSF International Certified Part. 0/H=Overhaul. Qty=Quantity. Refn=Refinish. Repl=Replace. R&I=Remove and Install. R&R=Remove and Replace. Rpr=Repair. RT=Right. SAS=Sandwiched Steel. Sect=Section. Subl=Sublet. UHS=Ultra High Strength Steel. N=Note(s) associated with the estimate line. CCC ONE Estimating - A product of CCC Information Services Inc. The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR CRASH ESTIMATING GUIDE: BAR=Bureau of Automotive Repair. EPA= Environmental Protection Agency. NHTSA= National Highway Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number. 10/24/2016 1:05:21 PM 055497 A-6 Page 4