How to file a proof of claim against PG&E.
Without an attorney.
If you have a claim relating to a PG&E fire, then you have nothing to lose and a lot to gain by filing a Proof of Claim form in the PG&E bankruptcy. The forms must be filed no later than the “Bar Date” of December 31, 2019. If you don’t file, you will lose the right to make a claim against PG&E for the 2015, 2017, and 2018 fires. Download printable instructions, view the step-by-step video instructions and/or follow directions below.
The Proof of Claim form is simple. You do not need to include documentation or other proof; that will happen later. In fact, we discourage people from including documentation because the Proof of Claim forms will be made public. You don’t need a lawyer to file a Proof of Claim form, although if you have a large claim you should consider working with a lawyer. You can email us and we’ll help you find an attorney.
If You Have An Attorney:
If you are using an attorney, your attorney should file the Proof of Claim for you. However, double check with your attorney to make sure it’s clear which one of you is filing the form. If you are filling out and filing the form yourself, follow these simple instructions.
Electronic Online Filing:
Although you can download the Proof of Claim Form, fill it in, and print it out, the fastest and easiest way to file is to do it online (no printing forms, no mailing, nor dropping off forms).
The online form will appear (it looks similar to the downloadable form). Filling it in online is a little awkward, but everything about this PG&E process has been awkward. Here are instructions on how to fill in the blanks:
Filling in the Fire Claimant Proof of Claim Form (either online or downloaded version):
Part 1: Identify the Claim
1. Who is the current creditor?
YOU are the current creditor. Insert your name. If your property was held in a trust or an entity, insert that name as well. If you are filing for your business, do that on a separate Proof of Claim form.
2. Has this claim been acquired from someone else?
Check “No”, unless you bought the claim from someone else.
3. Are you filing this claim on behalf of your family?
You may include your family, spouse, or domestic partner. Or you may each file separately. If you had adult children living in the home, they should file separately for their losses and emotional distress, etc.
4. Where should notices and payments to the creditor be sent?
If you are not using an attorney, fill in your contact information.
5. Does this claim amend one already filed?
Check “No” if this is your first filing. Check “Yes” if you are amending an earlier filing. You can find your claim number by searching for your name on this site: https://restructuring.primeclerk.com/pge/Home-ClaimInfo
6. Do you know if anyone else has filed a proof of claim for this claim?
Check “No” unless someone else has filed a proof of claim for you.
Part 2: Give Information About the Claim as of the Date this Claim Form is Filed
7. What fire is the basis of your claim?
Check the appropriate box. The “North Bay Fires (2017)” are the Atlas, Cascade, Cherokee, Highway 37, Honey, La Porte, Lobo, Mayacama, McCourtney, Nuns (which includes Adobe, Norrbom, Patrick, Pressley, and Oakmont fires), Pocket, Point, Potter/Redwood, Sullivan, Sulphur, and Tubbs fires. If you don’t know which fire affected you, email us and we will figure it out together.
8. What are the loss locations(s) where you and/or your family suffered harm?
List all locations of loss by address.
9. How were you and/or your family harmed? Check all that apply
□ Check Property Damage and whether you are Owner, Renter, Occupant (which could be an adult child living with parents, a roommate, a live-in girlfriend/boyfriend), or Other which would include a guest.
□ Check Personal Injury if you were physically injured and/or suffered emotional distress. (Didn’t we all?)
□ Check Wrongful Death if you lost a family member and include the name of the deceased. If this applies, you should definitely be working with an attorney.
□ Check Business Loss/Interruption if you run your own business and lost sales or your business was interrupted. This would also apply if you lost key employees or clients because their homes burned and that affected your business volume.
□ Check lost wages or earning capacity if you lost wage income because of the fire or the fire affected your ability to earn wage income.
□ Check loss of community and essential services if your neighborhood was affected and you didn’t have water or other services for any period of time. In many neighborhoods, the losses were widespread, and even homes that survived could not be lived in because there was no water, etc. Or people boiled water for months!
□ Check Agricultural Loss if you lost vineyards or other trees/crops/etc. Not a home garden.
□ Other -- If you are paying additional living expenses out of your pocket, check the box and write that in. Otherwise, you can leave this blank unless you have something that doesn’t fit into any of the above categories. When in doubt, write it in.
10. What damages are you and/or your family claiming/seeking? Check all that apply
□ Check Economic damages (not only includes destroyed or damaged property, but loss of use of this property, lost business profits/earnings/inventory, etc.)
□ Check Non-economic damages (things like pain and suffering, emotional distress, discomfort, etc.)
□ Check Punitive, exemplary, and statutory damages
□ Check Attorney’s fees and litigation costs if you have hired an attorney or may hire an attorney in connection with the PG&E claim or a claim against your insurer
□ Check Interest
□ Check Any and all other damages recoverable under California law (basically covers anything else that you may be entitled to).
□ Check Other and list it, if you have something specific in mind that you don’t think, or are not sure, is listed above (it’s better to get too many things on this form than too few).
11. How much is the claim?
Check “Unknown/to be determined at a later time”
Part 3: Sign Below (The person completing this proof of claim must sign and date it.)
If you are filling out the form online, you’ll be asked if you are attaching documentation. Click no documentation (you will send that later). If you are filling out the form for yourself and/or your family, check “I am the creditor.” Sign and date it. Fill in your contact info below the signature.
Don’t be too concerned about the warning that a person making a fraudulent claim could be fined or imprisoned. If you make an honest mistake, that’s not fraud. “Fraud” means an intentional misrepresentation, deceit, or concealment of a known, material fact with the intention of depriving a person of property or legal rights or otherwise causing injury. If you have a reasonable basis for making a claim, then submitting this form is not fraud even if your claim is denied.
Submitting the form
If you submit the form electronically, you’ll get confirmation RIGHT AWAY that your claim has been filed. Alternatively, you may USPS mail it in, or send it via overnight courier (e.g.; FedEx, Priority Mail), or drop the form off at one of the addresses listed on the last page of the instructions. Include a stamped, self-addressed envelope and a copy of the form so you can get confirmation that it has been filed. If you are using regular USPS mail, send it first class, return receipt requested. Keep the confirmation and proof of delivery in case something goes wrong.
Remember – the Proof of Claim form must be received by PG&E no later than 5 PM on December 31, 2019. If you fail to file the form by then, you will be forever prevented from making a claim against PG&E for the 2015, 2017, and 2018 fires.