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Filing a Claim

Claims Form

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How do I file a claim?

The City of Oakland has a standard claim form that can be used for your convenience. The form must be filed with the City Attorney's Office at One Frank H. Ogawa Plaza, 6th Floor, Oakland, CA 94612.

How do I obtain a claim form?

The form can be picked up in person at the security desk in the first floor lobby of City Hall, or from the City Attorney's Office on the 6th Floor of City Hall. Or the form can be downloaded from www.oaklandcityattorney.org. Or a form can be mailed by calling the Office of the City Attorney at (510) 238-3601.

How long do I have to file a claim?

The Tort Claims Act sets forth the time limits for filing a claim for money or damages. (See Government Code § 911.2) Generally, a claim relating to death or injury to a person or to personal property should be filed within six months from the date of an occurrence.

What if the time has expired since the incident occurred?

You should file a Late Claim Application using the same claim form but title it as such and explain in detail why the claim is late. The Late Claim Application may be granted or denied. Only if it is granted will the City consider the merits of the claim.  (*See Government Code § 911.4)

What should I attach to the claim?

Provide a breakdown of the amount you are claiming and how it was computed. Attach copies of bills, payment receipts, photographs, diagrams, and other supporting documents for what you are claiming.

How many repair estimates do I submit?

If the damage is to a vehicle, please attach two repair estimates.  Depending on the extent of the damage, we may require an appraisal inspection.  If the claim involves damage to personal property, you must submit receipts for all damaged items.  If no receipts are available, you must state the purchase date, price and name of the store where the items were purchased.  If items are irreparable, you must make them available for our inspection.

Can I have the repairs done or do I have to wait for the investigation to be concluded?

If you so desire, you can go ahead and have the repairs completed.  However, you should take photographs of the damage before repairs are made in order to substantiate your claim.  Remember that a governmental entity will consider pre-loss condition in evaluating all damages.

Once I file the claim, what happens next?

You will receive a letter with the name of the adjuster assigned to your claim.  If after 45 days, you have not heard anything, you can call the adjuster to inquire about how long it may take to process your claim. Some claims may take longer depending on their complexity.  Once the investigation of your claim has been concluded, we will contact you regarding the outcome.

What do I do if my claim is denied?

You have six months from the date of the denial of the claim to file a lawsuit in the court with appropriate jurisdiction.

Pursuant to California Government Code §§ 905 et. seq., commonly referred to as the "Tort Claims Act," a claim must be filed with the city if you are seeking money or damages from the city.

For Complete Information About California Government Code 905

Go to the official Web site for California legislative information:

  1. Click on California Law

  2. In the table of contents, select the checkbox:Government Code

  3. Enter the keyword in the search text box:, 905

  4. Click on: GOVERNMENT CODE SECTION 905-907

Filing a Claim Against Other Agencies

CLAIMS FOR THE FOLLOWING AGENCIES ARE FREQUENTLY FILED WITH THE CITY OF OAKLAND IN ERROR. IF YOUR CLAIM IS AGAINST ONE OF THE FOLLOWING AGENCIES, YOU SHOULD FILE IT DIRECTLY WITH THEM AT THE ADDRESS LISTED:


AC TRANSIT
1600 Franklin Street,
Oakland, CA 94612
510.891.4812

ALAMEDA COUNTY
Clerk of the Board of Supervisors,
1221 Oak Street, Room 536,
Oakland, CA 94612
510.272.6347

B.A.R.T.
Claims Department
510.464.6939

EAST BAY MUNICIPAL UTILITY DISTRICT
375 - 11TH Street
Oakland, CA 94607
510.287.0124

OAKLAND HOUSING AUTHORITY
1619 Harrison Street,
Oakland, CA 94612
510.874.1579

OAKLAND/ALAMEDA COUNTY COLISEUM
7901 Oakport, Suite 2100,
Oakland, CA 94621
510.615.4800

OAKLAND UNIFIED SCHOOL DISTRICT
Legal Department
510.879.8535

PACIFIC, GAS & ELECTRIC
1919 Webster,
Oakland, CA 94612
510.874.2328

PARKING CITATION ASSITANCE CENTER
250 - One Frank Ogawa Plaza, Suite 6300
Oakland, CA 94612
510.451.0423

PORT OF OAKLAND
530 Water Street,
Oakland, CA 94607
510.272.1209

STATE OF CALIFORNIA
P. O. Box 23660
Oakland, CA 94623
510.286.5807

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