Making a Claim against the City of Toronto
If you believe that the City has been negligent in its maintenance of City facilities, roads, trees and sewers, which has caused bodily injury or damage to your property, you can file a claim against the City of Toronto.
What you should consider when making a claim?Any damage to your property can be upsetting and disruptive; however, it’s important to know that the City of Toronto is not your insurer.
If you have auto or property insurance, we suggest you consult your insurance company or broker first, for advice on how to deal with your loss. Your insurance coverage may be more extensive than what you can recover from the City.
If your insurer believes the City is responsible for your damages they may seek compensation against the City on your behalf.
What is the difference between making a claim through my insurance company and making a claim against the City of Toronto?Making a claim through your insurance company means that you are taking advantage of your insurance coverage for your personal assets according to your insurance policy.
Making a claim against the City of Toronto is a third-party liability claim, which means you believe that the City has been negligent in its maintenance of facilities, roads, trees and sewers, causing bodily injury and/or damage to your property, and you are seeking compensation.
What you should know about going through your insurance:Your insurance coverage is generally more extensive than what you may recover from the City through a third party liability claim.
Often your insurance company will pay for your loss up front, regardless of who is responsible for your damage. This may, however, result in higher premiums in the future.
Third party liability claims will take more time as an investigation will be conducted by the City’s adjusters to determine if the City was negligent, causing damage.
Payment from the City is not guaranteed.
If the City is found to be negligent, the amount that you would receive in compensation is limited to its current value, not its replacement value.
What is negligence?The City has an obligation to maintain its infrastructure. In doing so, it must exercise a reasonable standard of care. The City may be found negligent if it fails to meet the appropriate standard of care, and that failure results in damage or injury to the public.
If you choose to submit a claim against the City, it is important to outline why you believe the City is responsible for your accident and provide proof of your damages. The City will conduct an investigation to determine if it met its maintenance obligations.
If the City did not exercise a reasonable standard of care, the City may be found to be negligent. In that circumstance, the City will attempt to resolve your claim. Any compensation paid to you will be based on proof of damage that has arisen as a result of the City’s negligence. If the City did exercise a reasonable standard of care, your claim will be denied.