§ 1122 State Damage Claims Process

This law says any money claim against the state has to be sent to the Department of General Services, and it can only be paid from money the Legislature set aside unless the state bought insurance, in which case the claim can be automatically turned down.

Key Takeaways

•All damage claims against the state must be filed with the Department of General Services.
•The filing must follow the rules in Section 905.2 of the Government Code.
•If the state has no insurance, payment comes only from funds the Legislature appropriated for that purpose.
•If the state chooses to insure its liability, the department can automatically deny the claim.

Example

A person slips and falls on a wet floor in a state office building and wants the state to pay for medical bills.

The person must file the claim with the Department of General Services following the filing rules. If the state didn’t have insurance for that kind of claim, the payment can only come from the budget money the Legislature approved. If the state did have insurance, the department can automatically reject the claim.

Any claim for damages arising against the state under Section 1121 shall be presented to the Department of General Services in accordance with Section 905.2 of the Government Code, and if not covered by insurance provided pursuant to Section 1121, the claim shall be payable only out of funds appropriated by the Legislature for that purpose. If the state elects to insure its liability under Section 1121, the Department of General Services may automatically deny the claim. (Amended by Stats. 2016, Ch. 31, Sec. 27. (SB 836) Effective June 27, 2016.)

Key Takeaways

•All damage claims against the state must be filed with the Department of General Services.
•The filing must follow the rules in Section 905.2 of the Government Code.
•If the state has no insurance, payment comes only from funds the Legislature appropriated for that purpose.
•If the state chooses to insure its liability, the department can automatically deny the claim.

Example

A person slips and falls on a wet floor in a state office building and wants the state to pay for medical bills.

Key Takeaways

Example

Key Terms

References

§ 1122 State Damage Claims Process

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

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Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References