Insurance Claims

How to submit a claim

You can submit a claim by mail or email by completing the form. Do not forget to include all the information that the City of Clarence-Rockland will need to evaluate your claim.

Your email or letter should include:

• Contact information including your name, address, phone number and email address;
• Information about the incident that caused the damage or injury with specific details, where and when;
• A description of the incident, including information from any witnesses or anyone else with additional information that may help the city understand what happened;
• Any documentation that supports your claim, including photos, sketches, etc.;
• Details of any damage or injury. If you are making a claim for property damage, you must include receipts for what was damaged and two (2) estimates for repair costs.

While the city understands that any person submitting a claim is of the opinion that the City of Clarence-Rockland is responsible for a portion of the injuries or damages, it is important to remember that this is a legal process. All claims are investigated and evaluated according to the city's legal responsibility.

Information about frequent complaints

Potholes

The City of Clarence-Rockland region has a significant freeze/thaw cycle every winter and spring. This cycle, combined with traffic, creates holes in the road surface. Potholes can damage a tire or a wheel. In some cases, the suspension and/or steering systems may be affected.

The city receives several claims for potholes each spring. Unlike other types of maintenance, it is the Municipal Act, 2001 that sets the rules that the city must follow to avoid claims for such damage. These rules are grouped under the Minimum Maintenance Standards for Municipal Highways (MMS).

These provincial standards require the city to repair a pothole within a time frame of between 4 to 30 days, depending on the size of the pothole and its location on a paved or unpaved road. It is important to note that the city's responsibility to repair a pothole begins only when the municipality is made aware of its existence.

When the city receives a pothole claim, the city clerk's office will determine whether the conditions of the Minimum Maintenance Standards for Municipal Highways have been followed. If the city has followed these standards, it is not liable.

Trees

There are many trees on municipal property and accidents involving branches can occur, especially during high winds. When a claim is received, the city clerk's office will review the history of the tree to determine if the city was aware of its condition and if so, what steps it took to remedy the situation. Unless the city was aware that one of its trees posed a danger, such as a mouldy or cracked branch or trunk, and did not take corrective action, the city will generally not be legally responsible.

Flooding

Flood claims are the result of a backup to either storm or sanitary sewers or a water main break. It is important for individuals submitting a flood damage claim to understand that the Municipal Act, 2001 states that municipalities are not liable for damages caused by water and sewer leaks if they have not been negligent. Therefore, a claimant must prove that the city was negligent in either the design, construction or maintenance of sewers or water mains.

When the city receives a claim, it will look at the reasons for the flooding and determine if it was due to a problem in the design or construction of the drainage system, if the system was maintained to industry standards, or if a weather event was simply too severe for the system.

Since flood damage can be significant and the city's investigation process and processing time may take time, it is recommended that the applicant contact their personal insurance company first.

Claims involving private contractors

The City of Clarence-Rockland provides many services with its own employees. However, the services of a private contractor are sometimes used for major construction projects, snow removal and waste removal. If these private contractors cause damages in the performance of their duties, the agreements with the city stipulate that they must deal with these claims directly.

If you believe that you have been injured or that damage to your property has been caused by a contractor hired by the city, you may send your claim directly to the contractor.

If your claim is denied

The city will provide you in writing with the reasons why your claim has been denied. If your claim has been denied and you are of the opinion that the city is still liable, you may choose to sue the city.