Frequently Asked Questions
These guidelines about insurance claims are provided for information only and are not intended to be legal advice. Claimants should consult their own legal counsel.
Yes, under the Limitations Act 2002, you must issue a legal action (Statement of Claim) in an Ontario Court within two years of the date of loss. Written notice/correspondence to the City alone does not satisfy this requirement.
It will help your claim to include any supporting records, such as receipts, estimates (at least two), and invoices, along with any additional evidence, such as photos, diagrams, etc.
A claims adjuster will investigate your claim. Possible resolutions of your claim are:
- Transferred to the responsible party (contractor) or entity
- Denied where there is no evidence of City negligence
- A negotiated settlement.
The length of time it takes to investigate claims will vary from case to case based upon claims complexity and severity. Generally the investigation will be complete within 90 days.
The considerations in evaluating a claim include:
- the particular facts of the alleged loss
- the applicable law
- whether the City of Toronto has legal responsibility
- the claimant’s role in the situation
- the nature and extent of damages claimed as well as the supporting documentation.
Call the adjuster at ClaimsPro. If you do not have your adjuster’s direct number, call ClaimsPro at (416) 252-4431.
Call 311 or see the City’s webpage for potholes
You must report the accident to your own insurer. Regardless of fault, in accordance with the Direct Compensation Rules of the Insurance Act, all physical damage must be reported to and paid by your own automobile insurer.
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. Here’s 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.
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. Here’s what you should know about making a claim against the City of Toronto:
- 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
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.