Bertorelli

We are asked to reverse a trial court order denying a Government Code section 946.6 petition for relief from the governmental tort claims statute (§ 945.4) under circumstances which argue for relief, but do not fit any single indisputable rule of law compelling reversal. During the 100-day claim period after a motor vehicle accident involving a municipal truck, an insurance company filed a technically adequate subrogation claim seeking recovery for property damage on its own behalf and that of its insured. The insured’s personal injury claim was not, however, mentioned. Simultaneously an insurance adjuster for the city approached the injured party and, during the claim period, the two engaged in “continuous discussions.” Even after the claim period expired, the adjuster sought to settle the “personal injury claim.” Only then did the injured party contact an attorney. While the adjuster apparently never mentioned a claim requirement to the injured party, there was no evidence the adjuster sought to gain any advantage by the passage of time. We must now determine whether these circumstances will excuse the injured party’s failure to timely file a formal claim.

We hold that…