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LEGISLATIVE RESEARCH CENTER
File #: 19-426    Name:
Type: Consent Item Status: Agenda Ready
File created: 4/5/2019 In control: Broken Arrow City Council
On agenda: 4/16/2019 Final action:
Title: Approval of and authorization to accept Traders Insurance Company's offer to settle a claim for vehicle loss
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broken Arrow City Council

Meeting of: 04-16-2019

                                                                                    

Title: 

title

                     Approval of and authorization to accept Traders Insurance Company’s offer to settle a claim for vehicle loss

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Background:

A Fire Department vehicle was involved in a collision on February 25, 2019.  The vehicle, unit number 1850, a 2018 Chevrolet Silverado 2500 pickup, was purchased on April 4, 2018 for $29,912.00.  The unit was in excellent condition with 10,340 miles accumulated at the time of the accident. Replacement of this vehicle is undetermined at this time.

 

The tortfeasor is a 22 year old female resident of Broken Arrow and is covered by a policy of insurance with Traders Insurance Company with a $25,000 property damage limit.  Repair estimates secured by the City for the truck range from $25,581 to $34,562. Traders Insurance Company has made an offer to settle the vehicle loss for the tortfeasor’s $25,000 policy limits, subject to negotiation of the terms of a release, with the City retaining the truck to recover any salvage value.  The Legal Department has advised that proceeding to litigation and attempting to collect on a judgment in excess of the $25,000 policy limits from the tortfeasor personally would not be advantageous and would not likely result in actually recovering an amount in excess of the $25,000 policy limits.  The Legal Department has recommended accepting the policy limits for settlement.  The totaled truck will receive a salvage title and will be added to the next surplus auction and be declared surplus at a future Council meeting. 

 

Funds from this settlement will go into the Public Safety Sales Tax-Fire Fund.   

 

Cost:                                                                None

 

Funding Source:       Not applicable

 

Requested By:                      Lee Zirk, General Services Director

 

Approved By:                      Michael L. Spurgeon, City Manager

Attachments:                                          None

Recommendation:

recommend

Approve and accept the offer from Traders Insurance Company and authorize the Legal Department to negotiate terms of, sign, and notarize any release forms required from Traders Insurance Company.

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