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Insurance Claims Against the Municipality

Contact(s)

Sanitary and storm sewers

What is a storm sewer?

Storm sewers handle flood and surface water drainage, not household sanitary waste. The storm sewers drain into storm water management ponds and nearby lakes and streams. Clarington's Operations Department is responsible for storm sewers, call 905-263-2291.

What is a sanitary sewer?

The municipal sewer runs underneath the roadway, collecting waste from sewer laterals and transporting it to a sewage treatment facility. Sanitary sewer back-ups are the responsibility of the Region of Durham. Please call 905-983-5116. The Region of Durham's after hours number is 905-579-9991 or 1-800-372-1104.

What is the home owner's responsibility?

The home owner is responsible for maintenance of the storm sewer within their own property limits. For sanitary, the homeowner is responsible for internal plumbing and the lateral to within one metre of the house.

What should I do to protect my property?

A sewer contractor is usually required for maintenance or repairs on your property. In the event of a problem or concern, if possible, protect your property from further damage. Be aware of electrical hazards should you choose to move any property from the affected area. Keep any damaged property available for inspection. Document your damages with photographs. Immediately call your insurance company as many policies cover damage from back-ups.

Should I notify the Municipality in the event of flooding or back-up?

If you choose to make a claim to the Municipality for property damage, follow the procedures outlined below in the section "Making a property damage report." Each claim will be examined individually and judged on its own merits.

Potholes and road hazards

I have damaged my vehicle in a pothole. What should I do first?

Do not continue to drive your vehicle if it is not operating properly. See a licensed motor vehicle mechanic. If you notify the Municipality of the existence of the pothole or road hazard, or are submitting a claim to the Municipality, the exact location of the pothole/hazard is required.

Should I call my insurance company?

Yes. Your vehicle insurance policy may provide coverage for this type of loss. Your insurance company or broker can provide you with this information.

Should I call the Municipality?

Yes. The Municipality can investigate the hazard and take steps to fix the road.

Will the Municipality pay for my damages?

If you choose to make a claim to the Municipality for property damage, follow the procedures outline below in the section "Making a property damage report." Each claim will be examined individually and judged on its own merits.

Municipal construction projects and damages due to trees and falling branches

My property has been damaged as a result of Municipal construction activity or a fallen tree from the boulevard. What should I do?

Write down the details of when and how the damage occurred; include the date, time and location. If possible, identify the company, equipment or event that caused the damage.

Should I call my insurance company?

Yes. Your insurance policy may provide coverage for your damages. If so, your insurance company can pursue any party they believe to be responsible for the damages. This may be the quickest way to recover any costs and have repairs made.

What should I do with my damaged property?

If possible, document your damages with photographs, original invoices and bills of sale. Keep any damaged property available for inspection. If you choose to make a claim to the Municipality for property damage, follow the procedures outline below. Each claim will be examined individually and judged on its own merits.

Making a property damage report

To make a claim against the Municipality for property damage, submit a letter to the following address:

Municipal Clerk's Department
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6

You can also submit a claim by email.

Your letter lets the Municipality know about your claim. It should describe what was damaged, how it happened and the date and time of the occurrence. You should identify any contractors, equipment or operators where possible. This information is very important. Remember to include your name, home address, and all phone numbers where you can be reached.

About your claim

When the Clerk's Department receives your claim, an investigation will be started through the Municipal Insurance Pool. You will receive a written reply to let you know your claim has been received. A decision will be made when all of the information has been reviewed and you will be advised as quickly as possible. Payment in respect of a claim is contingent upon legal liability on the part of the Municipality.

Making a personal injury claim

To make a claim against the Municipality for personal injury, you must provide notice in writing within seven days of the incident to:

Municipal Clerk's Department
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6

You can also submit a claim by email.

The Municipal Act may require you to initiate legal action within two years from the date of the incident. Contact your lawyer for more information. Notice to the Municipality should be provided within ten days, so that proper investigation can be undertaken.

Other property damage or vandalism

If you notice damage, vandalism or graffiti on Municipal property, hydro vaults or Bell and Cable pedestals, please report it online using call 905-623-3379

If you witness damage or vandalism, please call Durham Region Police and Crime Stoppers at 905-436-8477.

For all other issues such as illegal roadside dumping, property standards or cars parked illegally, take down all pertinent information such as date; time; address; licence plate number; make; colour of vehicle and description of any persons involved and report to Municipal Law Enforcement Division at 905-623-3379 ext. 2105 or submit an online complaint.

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