Pothole Damage Claims
If your vehicle is damaged from hitting a pothole, you can submit a damage claim. Damages caused by potholes are not immediately paid by the City. Each claim is evaluated according to provincial legislation to ensure the City is responsible. The City is careful and fair when following its duties under provincial legislation.
Did you know?
- In 2011, 796 pothole claims were presented to the City - of these 74% were not paid.
- $110,142 was paid for all pothole claims in 2011.
- In 2012, 128 pothole claims were presented to the City - of these 82% were not paid.
- $21,331 was paid for claims in 2012.
Make a Pothole Damage Claim
To report a pothole damage claim, claimants must submit a completed Statement of Damage or Injury Claim Form.
The Risk Management Section of the Law Branch investigates and settles all claims made against the City. Provincial law outlines the City's responsibility and liabilities and sets a reasonableness standard with respect to the repair of roadways.
City claims adjusters carefully review each pothole claim in context of the provincial legislation. Claims are paid only after going through the evaluation process, to ensure the City has properly assessed its level of responsibility for an incident.
Provincial Liability Conditions
- Claims must be reported within 30 days of the date of incident.
- The City is liable only if it knew, or ought to have known, of the state of disrepair.
- The City is not liable for damage caused by a system of inspection or the manner in which the inspections were performed.
- The City is not liable for damage caused by a system of maintenance or the manner in which the maintenance is to be performed.
- The City is not liable if it can prove it took reasonable steps to prevent the disrepair from happening.
- The character of the road and the area of the city in which it is located are both factors that are to be used in establishing the reasonableness standard.
- There is some accountability on drivers to watch where they are driving to avoid potholes as long as this can be done safely.
Appeal a Denied Claim
Should a claim be denied the claimant can have the decision reviewed by a manager within the Risk Management Section. If the claim is still denied, the claimant can initiate an action in Provincial Court in an attempt to recover damages.
For more information:
Risk Management Section
10th Floor, Chancery Hall
3 Sir Winston Churchill Square