How to file a claim against the City of San Diego

“We are imperfect. We cannot expect perfect government. ”

— William H. Taft

How to file a claim against the City of San Diego?

Paperwork, that’s how. No more, no less.

You complete this form, Claim Against the City of San Diego, within 6 months after the accident occurred. Then mail it to the City of San Diego, Risk Mgmt Dept. That’s the how. This is the why.

The City of San Diego has limited sovereign immunity. What that means is that claims (which can turn into lawsuits) can only be brought against the City of San Diego in certain circumstances by following particular procedures.  Suing the City is not like suing a private person or company. Strict rules must be followed and deadlines kept. These are set out in the California Claims Act.

The California Claims Act

Claims against public entities like the City are governed by the California Claims Act, or CCA (CA Govt Code sections 810 et seq). The CCA sets out the applicable rules and deadlines to follow. Basically, you must submit a claim for personal injury or personal property damage to the public entity within 6 months after the accident. The public entity then has 45 days to respond to your claim. Their response will either be 1) rejection; 2) acceptance; or 3) rejection and acceptance.

You can guess what the normal response is. Once the claim is rejected, you have 6 months from the date the rejection was mailed to file a lawsuit against the City.

If you fail to follow these rules and keep these deadlines, rest assured the City of San Diego will deny your claim or lawsuit. Don’t give them that chance.

Questions? Contact Me for a free consultation.

Evan Walker

Evan W. Walker is a La Jolla attorney who has practiced law since 2008. He is licensed to practice in California, Connecticut, and Louisiana. His entire practice has been in litigation.

Evan is from a small town outside of New Orleans. He attended law school in New Orleans, which was interrupted by Hurricane Katrina. After evacuating to Houston, Evan graduated in 2008 as part of the ‘Hurricane Katrina Class.’

After graduation, Evan worked for a New Orleans insurance defense firm. He defended insurance companies against Hurricane Katrina lawsuits brought by homeowners and business owners.

In 2010, he and his wife moved to New Haven, Connecticut, so his wife could complete a medical residency at Yale. During the next few years, Evan worked for Travelers Insurance Company defending countless personal injury lawsuits.

In 2014, he moved to San Diego so his wife could complete a medical fellowship at UCSD. He then opened his own firm to represent people after years of defending insurance companies.

Evan is a Featured Faculty at Attorney Credits, a CLE company, and a regular contributor to various podcasts and publications. He has also been interviewed by San Diego television stations about his cases and practice.

Evan spent almost a decade as a defense attorney who defended insurance companies from personal injury and property damage lawsuits. He knows how insurance companies bully people and deny claims. And he knows how to fight them.

Bar Admissions: California Connecticut (inactive) Louisiana (inactive)

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