Claims

How to file a claim

Online

You can file a claim online by completing our online Claim Form.

By mail or in-person

You may file a claim against the Town by delivering it to the Town Clerk's office by mail or in person (see Government Code section 915 (a)).  Be sure your claim is against the Town of Fairfax, and not another public entity. The address for the Town Clerk's Office is:

Town of Fairfax
Town Clerk's Office
142 Bolinas Road
Fairfax, CA 94930

You can ask for a claim form by calling the Town Clerk at (415) 458-2343. You can also download it here.

If you deliver the claim in person, the filing date is the delivery date. If you mail the claim, the filing date is the mailing date, not the date the Town receives the claim.

How long do I have to file a claim?

The California Tort Claims Act sets out strict timelines that you must follow when filing a claim against the Town. You must file a claim for personal injury (that is, one based on death, physical injury, or damage to personal property) within six months of the date of the injury (see Government Code section 911.2).

What happens to the claim once it is filed?

After you file a claim, the Town must respond (allow or reject the claim in whole or in part) within 45 days. If the Town does not respond, the claim is rejected by operation of law on the 45th day (see Government Code sections 912.6(a), 912.4(c)).

If the Town fails to notify you of its action, such failure is treated as a rejection of the claim (as discussed above) and you have two years from the date of the injury to file a lawsuit (see Government Code section 945.6(a)(2)).

As explained above, other time limits and procedures may also apply to your type of case. You may seek the advice of an attorney to get more specific information relevant to your situation.