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?
- Over the last 9 years an average of 455,000 new potholes appear each year on Edmonton streets.
- An annual average of 643 pothole claims were presented to the City during this timeframe.
- During this period the City paid 16.1% of the claims presented and denied 82.9%. This ratio varies by year.
- If accepted the average payout on a pothole claim was $769.
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.
Please ensure your claim falls on a public roadway that falls within Edmonton City Limits and the responsibility of City. Any claims outside the City Limits should be forwarded to the responsible authority be it the Province of Alberta or a neighbouring Municipality or District. Please visit http://www.edmonton.ca/transportation/on_your_streets/construction-on-your-streets.aspx which shows City Limits if you are not sure.
The Province of Alberta is responsible for operations and maintenance of Anthony Henday Drive (AHD) as a primary highway including all the ramps. This applies to all sections whether it is inside the City Limits or not. The Province is also responsible for primary highways outside of the AHD ring road and this includes Hwy 15 (Manning Drive) north of AHD, Hwy 2 (Gateway Blvd/Calgary Trail) south of AHD and Hwy 16 West (Yellowhead Trail) west of AHD. If your claim falls within these areas or is part of the ongoing construction of the NE portion we suggest that you contact Alberta Transportation, 310 Twin Atria Building, 4999 98 Ave NW Edmonton, AB T6B 2X3, Phone 780-644-5612, Fax 780-415-0475 to present your claim.
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 by submitting their request in writing and including all additional information to support their position. 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