Under Section 585 of the Cities and Towns Act, anyone intending to claim damages from the Town shall, within fifteen (15) days after the date of incident, give or cause to be given written notice of such intention, or complete and send the form provided for that purpose, at the bottom of this page, to our Public Affairs and Clerk's Office Department, failing which the Town shall not be required to indemnify the claimant.
Information to include
Even if it was prepared without using our form, available at the bottom of this page, your notice should describe the circumstances of the incident and provide the following information nonetheless:
- Claimant’s name, address, postal code and day telephone number;
- Location of incident;
- Date and time of incident;
- Police or Public Security report number, if applicable;
- Name, address and telephone number of witnesses, if applicable;
- The fact that you have mentioned the incident to a Town department, should that be the case.
Please attach to your notice the original invoices, estimates and photographs, if applicable, and forward them to the address at the bottom of this page. If the amount of claim is unknown at time of writing the notice, please mention that it will be supplemented at a later date to be able to preserve the subsequent exercise of your rights.
Exoneration of responsibility with respect to roads
Object on roadway
Under section 604.1 of the Cities and Towns Act, the Town is not liable for damage caused by the presence of an object on the roadway, whether or not the object comes from a motor vehicle or is projected by a motor vehicle.
The Town is neither liable for damage caused by the state of the roadway to the tires or to the suspension system of a motor vehicle.
Processing your claim
For the Town to be required to indemnify the claimant there must have been fault on the Town’s part and a causal link between the fault and the damages.
After review of the situation, the Town may not be held liable for the incident. It is therefore recommended to advise your insurance company.
The Town shall have the right to have its inspectors, investigators or experts examine, at any time, movable and immovable property which is the subject of a claim. The law stipulated that in some instances, the Town shall not be responsible for water damages in the absence of a check valve in good working order.
If you are dissatisfied with the decision of the Town or its insurer concerning your claim, you may, under Subsection (5) of Section 585 of the Cities and Towns Act, institute an action for damages against the Town within six (6) months after the date of incident.
Download PDF claim form.