If you have a water emergency, please call Emergency Dispatch at 866-403-2683 and choose Option 1.
The Risk Management Division is responsible for investigating and settling all liability claims against the District. The information below will help you if you believe you have experienced one of the following:
- Property damage resulting from a leak from EBMUD infrastructure or from certain EBMUD work or construction activities
- A motor vehicle accident involving an EBMUD vehicle or equipment
- Bodily injury you believe was caused by EBMUD
Please note that the person making a claim and/or the owner has a duty to mitigate their damages. It is the owner’s responsibility to keep damages from getting any worse than they already are (for example, removing your personal belongings from an area experiencing a water intrusion).
Emergency Restoration Services
EBMUD will authorize and dispatch emergency restoration services within the first 24-hours of a confirmed main break or EBMUD leak that floods the interior of your residence or business. The emergency restoration service company will extract water and dry out the structure, including removing portions of walls and floors if necessary, and will bill EBMUD directly for this service.
Determining if a Claim Exists
EBMUD is not responsible for damages related to failure of the property owner’s plumbing, service interruption caused by maintenance and repair of our system, or changes to water pressure caused by EBMUD. To determine if the damage is EBMUD’s responsibility and if a claim is warranted, please review EBMUD’s water regulations particularly Regulations Section 22 and Section 24.
Time Limits for Filing a Claim:
Submit your claim as soon as possible. Statutes of limitations (the length of time allowed from the date of the incident to filing a claim or legal action) apply, set by the Government Code, California state law, or other applicable laws.
- You have 12 months after an occurrence to file a claim for damage to “real property”, meaning your home, land and fixed property.
- You have 6 months after an occurrence to file a claim for personal injury, death, or loss or damage to personal property.
Claims received after these deadlines will be rejected. EBMUD has 45 days to respond after you file your claim.
Submitting a Claim
While you can submit your claim and all supporting documentation directly to EBMUD, submitting your claim to your insurance company may result in reimbursement for the loss without an investigation. Depending on your policy, your insurer may pay the replacement value for damaged items. Afterwards, your insurer and EBMUD can determine responsibility for the damages and agree on any amount due from EBMUD, if any.
Filing a Claim Directly With EBMUD
- Complete the online intake form below and Risk Management will contact you within one business day to discuss your loss and provide a claim form.
OR
- Call Risk Management at (510) 287-0175 Monday-Friday, 8:00 am to 4:30 pm to discuss your loss.
See Ordinance 326-97 for Important information about claim presentation requirements by or on behalf of the State, by a State department or agency, or by another public entity.
Information Required to File a Claim
Your claim form will need to include as much of the following information as possible, including:
- Name of the person filing the claim, address, phone number, email address (if available) and date of birth (for all bodily injury claims, motor vehicle accidents and/or any claim involving a minor).
- Date, time and place and circumstances of the incident/claim.
- General description of the incident/claim, injury, damage, or loss as it may be known at the time of the submission of the claim.
- Known or estimated amount of the claim. For example, how much money did the repair or your medical treatment cost?
- Name(s) of EBMUD employee(s) involved in the incident, if known or applicable.
- Witness(es) name, address, and phone number.
- Copies of the invoices, receipts, or bid estimates to substantiate the costs you are claiming.
Additional examples of information needed to substantiate your claim (depending on the type of a claim) includes the following:
- Property damage claim: Purchase records, photographs of the damage to the item(s).
- Auto claim: Proof of registration, detailed estimate, photographs of the damage to the vehicle.
- Personal injury claim: Copy of medical records and receipts.
- Lost wages: The amount of time you were unable to work due to a claimed injury; verification of lost time from your employer and payroll stubs showing your hourly or daily pay rate.
- Loss of business revenue: Tax records and/or bank statements, payroll records, revenue and expense statements and sales receipts.
EBMUD’s Reimbursement Criteria
EBMUD reimburses for reasonable costs for repair but does not make repairs. You may choose any contractor or service professional of your choice; EBMUD does not make referrals, recommendations, or provide endorsements. If you have trouble locating a qualified contractor, you can contact your insurer to request a list of local preferred contractors or browse online directories such as the Diamond Certified List. Time spent pursuing your claim is not reimbursable.
Claim Review Process
Once you have submitted your claim, Risk Management will start the claim review process based on the information you have provided. This process typically includes the following:
- We will determine if there is clear evidence of EBMUD liability based on the information provided (e.g., reviewing records, interviewing employees or witnesses, and completing a technical/expert evaluation).
- If EBMUD is liable, we will determine the percentage of the damage or cost that is directly related to EBMUD’s actions. The value of the damages or loss will be based on insurance industry standards, using actual cash value (depreciation applies).
Our goal is to reach a decision on your claim promptly (typically within 90 days of receipt of all supporting documentation). However, complex claims (e.g., those requiring outside technical review/expertise) may take longer.
When the review is complete, you will be notified of the decision. You may contact your assigned claim examiner for a status update.
Rejected Claims
All claims are fairly evaluated. If your claim is rejected, you will be notified by mail, and we will attempt to contact you by telephone to explain the reason for the rejection. If you are not satisfied with the decision, you can appeal the decision to the Claims Supervisor. To request an appeal, please submit your appeal to riskmgmt@ebmud.com, Attn: Claims Supervisor.
TIME LIMITS ON Filing Court Action
You also have the right, at any time in the claims process, to file a court action. If the value of your claim does not exceed $10,000, you can file a small claims action. If EBMUD denies your claim, you have 6 months from the date in the rejection letter mailed to you to file a lawsuit in court.
If filing a lawsuit, serve notices to:
Rischa S. Cole, Secretary of the District
East Bay Municipal Utilities District
375 – 11th Street, MS 806
Oakland, CA 94607
Contact Us
(Please note: completing this contact request does NOT constitute filing a claim.
Risk Management staff will reach out to you within 48 business hours to discuss your concerns.)
Note that Risk Management does not process complaints about employees, customer bill adjustments or emergency dispatching. Please contact Customer Service at 866-403-2683 or customerservice@ebmud.com.