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Personal Injury Claims


Introduction
New Filing Fee and Surcharge
New Claim Form
Is Your Claim Against Caltrans?
Information for State Agencies about the 15 percent Surcharge
Frequently Asked Questions (FAQ)
Contact the Government Claims Program
Government Claims Mission Statement
Statutory Authority
Definitions

Introduction
 You can file claims for monetary damages you believe were caused by a state agency through the Government Claims Program. Claims may include such issues as:
  • Damage to real or personal property;
  • Reimbursement for state employee property loss, benefits, salary, or travel expenses;
  • Refund of a tax, fee, or penalty; or
  • Contract disputes.

You are required to file a government claim before beginning a lawsuit against a state agency. This process allows the state an opportunity to investigate and, possibly, settle claims without the need for litigation.
New filing fee and surcharge

The Budget Act of 2004 makes important changes to the Government Claims Program. As of August 17, 2004, a $25 filing fee will be required for all government claims submitted to the Board. Claimants should send the filing fee in with the

  • Checks should be made payable to the State of California.
  • If a claimant receives an award, the department that pays the claim will refund the $25 to the claimant.
  • A claimant who cannot afford the fee may qualify for a waiver.
Claimants should enclose a check or money order payable to the State of California with each claim filed on or after August 17, 2004.

When the Board approves an award on a claim filed against a state department or agency, the department will now be required to pay a 15 percent surcharge on that award to support the Government Claims Program.

New Claim Form
 Anyone who wants to file a claim against a state department or agency must submit their claim on the Government Claim Form provided by the Victim Compensation and Government Claims Board. (See Government Code section 910.4 (a)) The Board may return a claim that is not submitted on the appropriate form. A claimant may resubmit a returned claim using the appropriate form.

Is Your Claim Against Caltrans?
 If your claim is against Caltrans and the damages are for $5,000 or less, you can file your claim directly with Caltrans. Contact your local Caltrans office or visit www.dot.ca.gov to locate a Caltrans office near you.

No fee is required for Caltrans claims under $5,000.

Information for State Agencies about the 15 percent surcharge
 With the new changes, if the Board allows a claim, the department or agency against which the claim is filed must pay a 15 percent surcharge to the Board.
  • The surcharge defrays the cost of reviewing and analyzing the claim.
  • The surcharge is calculated based on the amount of the claim. For example, the surcharge on a $1,000 claim is $150.
  • The surcharge will not be assessed on claims that are rejected, such as the many tort claims that are filed in preparation for lawsuits.
  • The surcharge applies both to claims paid through the omnibus claims bill and claims paid directly by the department.
  • If the claim is paid through the claims bill, the surcharge will also be paid through the claims bill. The surcharge will be paid from the same fund that the claim is charged against.
  • If a department pays a claim directly, the Board will send the department an invoice that explains the amount of the award as well as the amount of the 15 percent surcharge.
Frequently Asked Questions
 What types of claims can be filed?
How does the Government Claims Program process claims?
How does the Government Claims Program pay claims?
What is the Board's jurisdiction?
What damages can I claim?
What is the process for filing claims?
When is the deadline for a tort claim?
What is the process for filing a leave to present a late tort claim?
When is a leave to present a late tort claim granted?
What if I don't know the amount to claim?
How can I obtain Government Code Section copies?
How can get the status of my claim?
How long does it take to get the recommendation from the involved state agency?
Who is handling my claim?
Did you receive the correspondence I sent?
Why do I have to file a claim with the Board instead of directly with the involved state agencies?
How do I pursue my claim in a court of law?
Where do I file serve a summons and complaint?
How long does it take to process a claim?
Why are expired checks processed in a claims bill and why do they take so long?
How soon will I be paid?
Should I file a claim if a private party such as an independent contractor working for Caltrans is responsible?

 What types of claims can be filed?
The Government Claims Program processes two general types of claims: Tort claims and equity claims.

Tort claims allege liability for damages caused by the state or its employees. Claims for death or injury to a person, damage to or loss of personal property, or growing crops must be filed within six months of the date of injury or loss. Claims for other causes of action, such as real property damage or breach of contract, must be filed within one year.

Equity claims are filed in cases when a lawsuit cannot be filed, but the claimant has suffered some kind of loss. Common claims include those: 1) beyond the time limits for filing a tort claim; 2) for a valid state contract that was never signed but work was completed; and 3) where the claimant deserves reimbursement, but no appropriation or payment exists, or the appropriation has expired.

Typical Tort Claims Include: Typical Equity Claims Include: How Does the Government Claims Program Process a Claim?
Staff members review claims to make sure they are complete and meet the legal requirements. Usually claims are referred to the involved state agency for its review and recommendation. The state agency recommends that the Board reject the claim, approve it in full, or partially approve the claim.

Once Government Claims Program staff receives and reviews the involved state agency's response, they make their own recommendation to the three-member Board which then decides on claims at a public meeting. Written confirmation of the Board's decision is sent to the claimant shortly after the meeting, with a copy to the involved state agency.

The Board often rejects claims more appropriately resolved in a court of law and advises the claimant that he or she has six months from the date of the final Board action notice to sue the involved state agency. The Board sends a written notice of the final Board decision shortly after the claim is finally rejected.

 Payment of Claims
Approved tort claims are paid by the involved state agency. The Office of the Attorney General pays tort claims for agencies whose funding does not come from the General Fund (tax money).

Approved equity claims are included in one of two omnibus claims bills submitted to the Legislature each year. Once the Legislature and the Governor approve the claims bills, the Board pays the claimant. However, the Legislature and Governor may still delete a claim from a claims bill. The Board would then notify the claimant that he/she might initiate court action against the state agency.

Both tort and equity claimants must sign a form releasing the State of California from further liability on the claim before payment is made.

 What is the Board's jurisdiction?
The Board has jurisdiction over claims involving state agencies.

The Board does not have jurisdiction over local public entities, courts, judges, or the University of California.

 What damages can I claim?
Claims for money or damages against the state:
 What is the process for filing claims?
You can obtain a claim form by calling 1-800-955-0045 or on the Board's website. Each claim form should include the following information:
  • Claimant's name and mailing address;
  • The mailing address where notices should be sent;
  • 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 associated documentation (i.e. receipts, invoices, etc.);
  • The name(s) of the public employee(s) causing the injury, damage, or loss, if known;
  • The amount claimed. If the amount exceeds $10,000, indicate whether the claim is a limited civil case (less than $25,000) or a non-limited civil case (greater than $25,000);
  • A copy of the expired warrant if you are seeking replacement of a state-issued warrant; and
  • Two complete copies of the original claim, for a total of 3 copies.

Mail the claim to:
California Victim Compensation and Government Claims Board
Government Claims Division
P.O. Box 3035
Sacramento, CA 95812-3035

What deadlines exist for filing a tort claim?
Claims for death or injury to:
 must be filed within six months after the incident occurred. Any other claim must be filed within one year after the incident.

 What is the process for filing a leave to present a late tort claim?
If your claim should have been filed within six months, and you missed the deadline, you must file a "leave to present a late claim within one year." Mail a letter containing an explanation of why your claim is late with your claim form. The Board must act on requests within 45 days. If the Board does not take action within 45 days, the claim is deemed rejected.

 When is a "leave to present a late tort claim" granted?
The Board may allow a late claim for any one of the following: What if I don't know the amount to claim?
Your claim cannot be processed without an amount listed. If you believe the total dollar amount exceeds $10,000, indicate whether the claim is a limited civil case (less than $25,000) or a non-limited civil case (exceeds $25,000).

 How can I obtain Government Code Section copies?
Statutes can be found at the Legislative Counsel's web site, commencing with California Government Code, Chapter 1, Section 900.

How can I check on the status of my claim?
You can check on claim status by calling 1-800-955-0045.

 How long does it take to get the recommendation from the involved state agency?
Depending upon the nature of your claim, the investigation takes 30 to 120 days. Once all recommendations are sent to the Board, your claim is scheduled for Board action at the next available Board meeting. Shortly after the meeting, a Final Notice of Board Action will be mailed to you.

 Who is handling my claim?
You can call 1-800-955-0045 to find out which staff member is currently reviewing your claim.

 Did you receive the correspondence I sent?
You can call 1-800-955-0045 to check on whether your correspondence has been received. Please refer to the claim number.

 Why do I have to file a claim with the Board instead of with the involved state agencies?
In order to pursue an action in a court of law, you must first submit your claim to the Board. Some losses may require that you first attempt to resolve the claim through appropriate state agency channels. Examples of these claims are state employee or inmate losses.

 How do I pursue my claim in a court of law?
You must first submit a claim to the Board. If the Board rejects the claim, you can pursue the claim in a court of law. Once you know which court you will proceed in, you must notify the state of your intent through a "Summons and Complaint." This is a legal document obtained at a courthouse. The state must be served with this notice.

 Where do I file serve a Summons and Complaint?
If the action involves the Department of Transportation, the Summons and Complaint should be served on the:
Department of Transportation
1120 N Street
Sacramento, CA 95814

A Summons and Complaint for any other state agency should be served on the:

Attorney General's Office
1300 I Street
Sacramento, CA 95814

 How long does it take to process a claim?
The time it takes to process a claim varies greatly depending on the nature of the claim, the time required by the affected department to submit its recommendation and, if the claim is allowed, how the claim is paid. Additionally, if a claim is incomplete, the Government Claims Program must notify the claimant and request the missing information.

 Why are expired checks processed in a claims bill and why do they take so long?
Expired or "stale-dated" warrants (checks) are processed as part of a claims bill because after four years the funds are no longer available. A request must be made to the Legislature to allocate new funds for paying the warrant. The budgetary session of the Legislature introduces claims twice a year. Generally, at the beginning of the new fiscal year, the Legislature awards funds to pay the bills. Once the funds are available, the payment process takes up to four months.

 How soon will I be paid?
If the claim will be paid directly by the involved state agency, they will send you a release form. Once they receive your signed release, your check should take approximately six to eight weeks.

If the claim cannot be paid by the involved state agency, it must go before the Legislature in a claims bill. Once the legislative bill is enacted, it takes approximately 4 weeks for checks to be released.

 Should I file a claim if a private party such as an independent contractor working for CALTRANS has caused the damage?
To protect your legal rights, always file a claim with the Board as well as against the private entity.

 Contact the Government Claims Program
If you have questions regarding the Government Claims Program, contact us by calling toll-free 1-800-955-0045, e-mail to gcinfo@vcgcb.ca.gov, or write to:
California Victim Compensation and Government Claims Board
Government Claims Program
P.O. Box 3035
Sacramento, California 95812-3035

Mission Statement
We protect the state, its residents, and visitors by processing and resolving claims against the state in a timely and equitable manner.

Statutory Authority
 Under California law (Government Code Sections 900 - 965.9), any person may file a claim with the Government Claims Program for money or damages against a state agency under the California Tort Claims Act (Act).

Definitions
Equity: Claims are established under Government Code Section 905.2 where there is no legal obligation on the part of the state for claimed damages or no appropriation available for payment, but the claimant is requesting equitable relief from the state. This type of claim commonly involves matters that are: 1) beyond the time limits for filing a legal claim; 2) a valid state contract that was never signed but work was completed; or 3) the claimant is entitled to reimbursement, but either there is no appropriation or payment, or the appropriation has expired and the funds have reverted.

Indemnity: Indemnity claims are for protection or security against damage or loss. Monetary damages are not sought, only indemnification.

Omnibus: This simply means a bill introduced into the Legislature containing many different items.

Subrogation: These claims are from insurance companies seeking reimbursement for claims already paid to the insured.

Tort: These claims allege a legal obligation on the part of the state for damages caused by the state or its employees. Tort claims are filed pursuant to Government Code Section 910. Claims for death or injury to a person, personal property, or growing crops must be filed within six months of the date of injury. Claims for other causes of action, such as real property damage or breach of contract, must be filed within one year.



























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