Insurance Claims Against the Municipality

Making a claim against the Municipality

If you believe that the Municipality of Clarington has been negligent in its maintenance of municipal facilities, roads, sidewalks, storm sewers, or parks, which has caused you injury or damage to your property, you can file a notice of claim against the Municipality of Clarington.

What to consider when making a claim

We recommend you consult your insurance company or insurance representative first for advice on dealing with your injury or damage. Your insurance coverage may be more extensive than what you can recover from the municipality.
If your insurer believes the Municipality of Clarington is responsible for your damages, they may seek compensation against the Municipality of Clarington on your behalf. The Municipality of Clarington only provides consideration of your claim if it is legally responsible for your damage.

Limitations and timelines

There may be limitation periods and other procedural timelines that apply to your claim. You should consult your own legal counsel or insurer as required.

Notice of understanding

The use of profanity, abuse, threats, or bullying may result in the examiner, independent adjuster or municipal staff assigned to the claim being unable to provide any further contact, support, or consideration of your claim.

To make a claim against the Municipality of Clarington for injury or damages, you must complete the online claim form.

Make a claim against the Municipality.

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 stormwater management ponds and nearby lakes and streams. Clarington's Public Works Department is responsible for storm sewers.

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 backups are the responsibility of the Region of Durham. Please call 905-983-5116 or 905-579-9991 (after hours).

What is the home owner's responsibility?

The homeowner is responsible for maintaining the storm sewer within their property limits, internal sanitary plumbing, and the laterals 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:

Protect your property from further damage when possible.
Be aware of electrical hazards when moving property away from the affected area.
Keep damaged property available for inspection.
Document the damage with photographs.
Immediately call your insurance company as many policies cover damage from backups.

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 at the top of this page.

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 correctly. See a licensed motor vehicle mechanic. We will need to know the exact location of the pothole or hazard.

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 will 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 outlined at the top of this page.

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, and 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 you choose to make a claim to the Municipality for property damage, follow the procedures outlined at the top of this page.

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 by calling 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 the date, time, address, licence plate number, make and colour of the 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.