CC SR 20211207 F - Claim Against the City Zwarg
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 12/07/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by Arno Zwarg.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Arno Zwarg.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Teresa Takaoka, City Clerk
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Arno Zwarg claim (page A-1)
BACKGROUND AND DISCUSSION:
The City of Rancho Palos Verdes (City) is a member of the California Joint Powers
Insurance Authority (Authority), which provides risk management services and handles
any liability claims received by the City. Under the current practice, claims presented to
the City Clerk are forwarded by the Authority to a third-party claims administrator, Carl
Warren and Company (Carl Warren) for adjusting.
Carl Warren’s staff reviews each claim on its merits and contacts the City with any
requested action pertaining to the disposition of the claim. The City Clerk and the City
Attorney review each claim when received and work closely with Carl Warren throughout
the claims process.
1
Claimant:
On October 26, 2021, the City received a claim for damages from Arno Zwarg. The claim
was referred to Carl Warren for review and investigation. The claimant states that his
vehicle sustained damage when he slowly drove over a 12” deep runoff channel in the
parking area of the Palos Verdes Plaza Shopping Center located at 28733 S. Western
Avenue.
Deposition:
Carl Warren has reviewed the claim and found that there is no liability for the City as the
shopping center is privately owned and all drainage built on this property is not designed
or maintained by the City of Rancho Palos Verdes.
2
10-15-21
City of Rancho Palos Verdes
-Claims Department -
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
RE: Insurance Claim
ARNO I. ~ ZWARG
PRESIDENT OF INTER TRADE INCORPORATED
-RETIRED -
RECEIVED
CITY OF RANCHO PALOS VERDES
OCT 2 6 2021
CITY CLERK'S OFFICE
For Car Damage at City owned Runoff Channel/ Swale
Palos Verdes Plaza Shopping Center
Dear Sirs,
In July 2021 I experienced an unavoidable damage to the front of my MERCEDES S 560/2020 in the parking lot of the
above stated Shopping Center. ·
It took me quite some time and effort to determine that you seem to be the owner and responsible party for the runoff
channel in question!
The damage happened when I was driving very slowly in the above stated parking area when I hit a 12-inch-deep runoff
channel which is totally unmarked and invisible to any driver of a car until the vehicle dips into it!
To mitigate damages, I used my wife's car for a few weeks while my vehicle was in repair. The repair costs amounted to
$1,688.66 according to the attached copy of the invoice from Marina Auto Body.
Please present my claim to your insurance carrier for reimbursement.
Since~.ee. l1y~
~~~f. ' ''\ Encl:
1 Inv. Copy
7 Photos of damage situation
Residence:
A-1
A-2
For driver invisible
l.2 inch deep unmarked
dip in parking lot
A-3
I
l A-4
Vehicle
Front Damage '~
A-5
A-6
A-7
,,,.., ii ii A-8
AUTO
RO Number: 12016
Customer:
ZWARG, ARNO
0
(000) 000-0000
BODY
MARINA AUTO BODY -. MAB LAX
"Getting You Back On The Road Again"
630 S. GLASGOW AVENUE, INGLEWOOD, CA 90301
Phone: (310) 981-4700
FAX: (310) 981-4701
Final Bill
Insurance: Adjuster:
Phone:
Claim:
Loss Date:
Deductible:
Workfile ID:
PartsShare:
Federal ID:
State EPA:
BAR:
Estimator:
Create Date:
fde01277
6mbCpJ
33-0836457
CAL000403498
ARD00279580
Marlene Castro
7/19/2021
\-----------------------------------------------------
' 2020 BENZ 5-Class 5560 4D SED 8-4.0L Turbocharged Gasol_ine Gasoline Direct Injection pearl white
VIN: Interior Color : Mileage In: 13,897 , Vehicle Out:
License: Exterior Color: pearl white Mileage Out:
State: Production Date: Condition: Job#:
Line Ver Operation Description Qty Extended Part Labor Type Paint
Price$ Type
1 E0l FRONT BUMPER &. GRILLE
2 E0l Overhaul 0/H bumper assy OEM 3.3 Body
3 E0l Remove/Replace Lower trim 1 90.34T OEM 0.0 Body
4 E0l Remove/Replace License bracket 1 114.57T OEM 0.2 Body
5 E0l PDR Lt door 1 100.00 Other
6 E0l Repair Bumper cover 6.0 Body 3.0
7 E0l Add for Clear Coat 1.2
8 E0l Refinish Feather Edge, Prime, & Block 2.5
9 E0l Repair Color Tint / Color Match 0.5 Body
10 E0l Remove/Replace Cover Car 1 5.00 Other 0.2 Body
11 E0l De-Nib and Polish 1.0 Body
Estimate Totals Discount$ Markup$ Rate$ Total Hours Total$
Parts 20.00 329.91
Labor, Body 55.00 11.2 616.00
Labor, Refinish 55.00 6,7 368.50
Material, Paint 321.60
Subtotal 1,636.01
Sales Tax 52.65
Grand Total 1,688.66
Net Total 1,688.66
I Estimate Version Total$ I
T = Taxable Item, RPD = Related Prior Damage, AA = Appearance Allowance, UPD = Unrelated Prior Damage, PDR = Palntless Dent Repair, NM = Aftermarket, Rechr = Rechromed, Reman =
Remanufactured, OEM = New Original Equipment Manufacturer, Recor = Re-cored, RECOND = Reconditioned, LKQ = Like Kind Quality or Used, Diag = Diagnostic, Elec = Electrical, Mech =
Mechanical, Ref = Refinish, Struc = Structural
7/30/2021 3:57:56 PM
\
Page 1 A-9
Final Bill
..... 2016
,-Class S560 4D SED 8-4.0L Turbocharged Gasoline Gasoline Direct Injection pearl white
I Original
Insurance Total,$:
Received from Insurance$:
Balance due from Insurance $:
Customer Total $:
Received from Customer$:
ZWARG,ARNO 7/30/2021
1,688.661
1,688.66
0.00
1,688.66
0.00
1,688.66
1,688.66
Balance due from Customer$: (1,688.66)
Acknowledgement of Notice and Consent
','! acknowledge notice and verbal approval ofan increase in the original estimate price ."
Signature or Initials
Estimate of Repairs $ _____ . The estimate of repair includes parts, labor and diagnosis. If upon further inspection, additional repairs are
needed, you will be contacted for authorization. We are not responsible for loss/damage to your vehicle from fire, theft, accidents,-or any cause
beyond our control.
Authorization and Inspection: Marina Auto Body is hereby authorized to make repairs according to the amount listed above and to also act as my
Power of Attorney, and in so doing, is authorized to SIGN DRAFTS and CHECKS related to this claim. Marina Auto Body is hereby authorized to operate
your vehicle for purposes of testing and/or inspection .
While we will do all we can to meet our estimated time of completion, due to the many variables involved in the repair of a vehicle, Marina Auto Body
can neither predict nor guarantee the length of time required to complete these repairs.
Marina Auto Body is NOT RESPONSIBLE for items left in your vehicle. DO NOT leave valuables or personal items in your vehicle at any time. Marina
Auto Body is NOT RESPONSIBLE for the loss or damage to PERSONAL ITEMS or VALUABLES.
Teardown Estimate: I understand that my vehicle will be reassembled within 3 (three) business/working days of the date shown above if I choose not
to authorize the repairs recommended.
ACCEPTED PAYMENTS METHODS: INSURANCE CHECK/ CASHIERS CHECK/ VISA/ MASTERCARD/ AMERICAN EXPRESS/ CASH
* WE DO NOT ACCEPT PERSONAL CHECKS *
AUTHORIZATION TO PAY SECURED OWNER PROVIDED WITH A COPY OF ES11MATE/FINAL BILL.
ALL PARTS LISTED ARE NEW ORIGINAL EQUIPMENT MANUFACTURED (OEM) UNLESS OTHERWISE NOTED.
OE = NEW OEM (ORIGINAL EQUIPMENT ?ART)
AM = NON-OEM (AFTERMARKET PART)
LK = USED PART
SU = SUBLET REPAIRS/RECONDITION PART
Date
T = Taxable Item, RPD = Related Prior Damage, AA = Appearance Allowance, UPD = Unrelated Prior Damage, PDR = Paintless Dent Repair, NM = Aftermarket, Rechr = Rechromed, Reman =
Remanufactured, OEM = New Original Equipment Manufacturer, Recor = Re-cored, RECOND = Reconditioned, LKQ = Like Kind Quality or Used, Diag = Diagnostic, Elec = Electrical, Mech =
Mechanical, Ref = Refinish, Struc = Structural
7/30/2021 3:57:56 PM Page 2 A-10