City of Oak Creek

Common Council Report

 

Meeting Date:  4/15/08

 

Item No.:         

 

Recommendation:  That the Common Council confirm the recommendation of the Small Claims Committee to issue payment to Miguel Uribe, Jr., in the amount of $8,104.42 for vehicle repairs, car rental fees incurred in the amount of $1,344.75 as of 3/7/08, and additional car rental fees in the amount of $1,335.15 through 4/2/08, subject to receipt of a signed release, as a result of damage to his 2006 Mazda by a snow plow on 2/6/08.

 

Background:  During the 2/6/08 snow storm, a City snow plow hit Mr. Uribe’s white 2006 Mazda while the plow was coming out on to S. 13th St. from Janat Dr., causing more than $8,000 in damage to his vehicle.  Due to the high amount of estimated damage, an adjuster contracted by CVMIC was scheduled to view the damage and prepare an estimate.  It was anticipated the damage was in the $5,000-$6,000 range, but when the vehicle was taken apart, additional damage was found.  Since Mr. Uribe lives and works in Illinois, the process took much longer than anticipated.  Mr. Uribe contracted for, and paid out of his own pocket, vehicle rental during the time his vehicle was at Frank Boucher in Racine for inspection by the adjuster and for repairs, a midpoint location between Oak Creek and his residence in Illinois.  Repairs took longer than anticipated due to the extensive damage and because the shop had to order and wait for parts.  Mr. Uribe was extremely patient during the entire process and came to City Hall several times during the process to provide information or to check on the status of his claim. 

 

A police report was filed and although no citations were issued, it was determined to be the City’s fault.  In order to get this lengthy matter settled as quickly as possible, the City issued payment to Frank Boucher for repairs to Mr. Uribe’s vehicle, and also reimbursed Mr. Uribe for his initial car rental expenses.  He signed an acknowledgement of receipt of payment of car rental charges he incurred.  A separate check is being issued to Enterprise Leasing for the balance of the car rental while repairs were being done to his vehicle.  A release will be obtained from Mr. Uribe to close this matter.  Although this claim is over the $5,000 limit allowed for settlement by the Small Claims Committee, at their meeting on 2/13/08, this claim was discussed and the committee is recommending to the Council that that they concur with the recommendation of CVMIC and City staff to issue payment in the amount of $8,104.42 for vehicle repairs, and $1,335.15 in car rental fees, subject to a signed release.  The balance of car rental fees of $1,335.15 is being paid directly to Enterprise Leasing.

 

Fiscal Impact:  The amount of this claim is $10,784.32, plus $139.00 charged by Frontier Adjusters, for a total amount of $10,923.32.  Funds will be taken from General Government Account 40-575 – Claims.

 

Prepared by:

 

 

 

Beverly A. Buretta, CMC

City Clerk

 

Respectfully submitted,

 

 

 

Patrick DeGrave

City Administrator