The Alameda-Contra Costa Transit District Risk Management Department investigates and works to resolve claims and lawsuits filed by citizens who allege damages caused by negligent act(s) of the District or its employees. To pursue a claim against AC Transit, you must file a Claim for Damages Form with the AC Transit District Secretary’s Office. After the investigation, you will receive written notice of your claim status: either accepted, allowed in part, or rejected.
Types of Claims
|Bodily injury or property damage occurring on District property or involving an incident with AC Transit bus services as a result of District operations, such as: accidents involving AC Transit vehicles, slip and falls on District property, property loss claims, etc.||When appropriate, the Office of Risk Management will pursue recovery claims against negligent third parties responsible for damage to District property and/or injury to District employees.|
- Complete an AC Transit Claim for Damages ( español | 中文 ) form.
- Sign your claim form in accordance with the instructions on the form. Unsigned, fax copies, or other non original claim form documents will be returned without being processed.
- Personally deliver or mail your original signed claim form and one copy along with any supporting documents to the AC Transit District Secretary at the address included on the form. Provide a self-addressed stamped envelope for return of copy of claim. Claims sent by fax or email will not be accepted.
***At this time, due to potential health threat by COVID 19, the District encourages claimants to submit claims via mail to AC Transit District Secretary, 1600 Franklin Street, Oakland, California, 94612; Claims may also be submitted in person to the security guard at the address above. Claims sent by fax or email will not be accepted.***
Upon receipt of a properly completed claim for damages form, the AC Transit District Secretary will transmit the claim to Risk Management.
- A Tort Claims Investigator will be assigned to your claim to conduct an investigation, and will be in contact with you.
- Upon conclusion of the investigation, we will provide written notice that either your claim has been accepted, considered in part as a compromise, or rejected.
Frequently Asked Questions
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 Alameda-Contra Costa Transit District 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, a copy of the current vehicle registration showing ownership of the vehicle, and proof of insurance. 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 may go ahead and have the repairs completed. However, you will be doing so at your own financial risk, as the District reserves the right to reject your claim, in whole or part. If you do choose to have the repairs done prior to the completion of the investigation, you should take photographs of the damage before repairs are made in order to substantiate your claim. Remember that a governmental entity will consider the 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.
*ALL PERSONS ARE REFERRED TO GOVERNMENT CODE §§ 900-960.8 FOR A DETAILED DESCRIPTION OF THE CLAIMS FILING REQUIREMENTS WHEN PRESENTING A CLAIM OR FILING A LAWSUIT AGAINST A PUBLIC ENTITY OR AN EMPLOYEE OF THE PUBLIC ENTITY. THIS DOCUMENT IS NOT INTENDED TO ACT AS A WAIVER NOR WILL IT ESTOP THE ALAMEDA-CONTRA COSTA TRANSIT DISTRICT FROM ASSERTING NON-COMPLIANCE WITH THE TORT CLAIMS ACT.
Risk Management Department
Phone: (510) 891-4817