HomeMy WebLinkAbout2021-08-03 Re Donna De La Torre 03072021 Claim 3016082Tim,
DIARY REVIEW
Event: This is a bodily injury and property damage claim that was
submitted by counsel for the claimant regarding a solo bicycle accident
in which the claimant lost control after riding into a gap in a manhole
cover frame in the bicycle lane of the roadway. They allege dangerous
conditions due to roadway design and maintenance issues for the City.
Statute of Limitations: 01/01/2022
Action plan items from last review and status:
1. This claim was rejected on 07/01/2021 as this accident occurred
in the roadway that is on the border of Rancho Mirage and Cathedral
City. The claimant attorney has been provided with the City’s execution
designation confirming no jurisdiction along with being provided with
our 1038 correspondence.
2. On 07/01/2021 I submitted our ISO Claim Search on the claimant.
No matches were located. We obtained her SS Info as 052-60-2385. She
does not appear to be Medi-care eligible due to their reported age of
61.
Coverage: Confirmed under the MOC.
Liability Review: I view this as a case of no liability on the part of
the City as they do not have jurisdiction of the roadway involved in
this accident.
Damages Review – Property Damage: Unknown bicycle damage.
Bodily Injury: Fractured left femur with hip replacement.
Submitted Medical Bills: None
Considered: N/A
Residuals: Unknown
Loss of Earnings Alleged: None
Reserve Review: $1,000.00 Appears adequate based on current available
information and client protocol.
Updated Action Plan:
1. Await any action by claimant attorney’s office.
2. Evaluate for liability and exposure to recommend further
handling and monitor the file for the Statute of Limitations.
Subrogation Referral: N/A
William Rice | Claims Examiner
Carl Warren & Company, LLC | A Venbrook Company
PO Box 2411, Tustin, CA 92781
Office: (657) 622-4319 | Fax: (866) 254-4423
Because Quality and Integrity Matter... please EMAIL
<mailto:tvaron@carlwarren.com> my Supervisor about the service you
received.
________________________________
This email and any files transmitted with it are intended solely for
the use of the individual or entity to which they are addressed and may
contain confidential and/or privileged material. Any review,
retransmission, dissemination, or other use of, or taking of any action
in reliance upon, this information by persons or entities other than the
intended recipient is prohibited. If you have received this email in
error, please contact the sender and delete the material from your
computer. Please note that any views or opinions presented in this email
are solely those of the author and do not necessarily represent those of
Carl Warren & Company, LLC (“CWC”) and/or its subsidiaries. Finally, the
recipient should check this email and any attachments for the presence
of viruses. CWC accepts no liability for any damage caused by any virus
transmitted by this email. If this email has been sent by a
representative of Carl Warren to an attorney or law firm that is
providing legal defense to a CWC client, this email and any attachments
are intended to be confidential and privileged attorney-client
communications.