NOTICE OF CLAIM

How to submit a claim to the City:

In order to submit a claim to the City, claimants need not be aware of the full extent or amount of damage suffered at the time of making the claim. The notice of claim should be in writing on the attached Notice of Claim form, providing the following information:

  • Name, address and telephone number of the person making the claim
  • Date, location and approximate time of the incident giving rise to the claim
  • Details of the incident/accident
  • Apparent cause of the damage suffered (to the extent it is known)
  • Nature of damage suffered (i.e. personal injury, property damage, loss or property, expenses incurred, etc.
  • Date of claim or notification

Correspondence may be submitted to our office as follows:

E-Mail: clerks@timmins.ca

FAX: 705-360-2674

In Person or by Mail:

City Clerk’s Office

2nd Floor – City of Timmins

220 Algonquin Blvd. East

Timmins, Ontario P4N 1B3

The City Clerk’s Office will ensure claims are acknowledged and investigated.

If you have any questions, please contact the City Clerk’s Office at 705-360-2613 or e-mail clerks@timmins.ca.

Click here to download the NOTICE OF CLAIM FORM

 

SUBMITTING A POTHOLE CLAIM TO THE CITY OF TIMMINS?           

Please consider the following:

While the City understands that individuals apply for a claim because they believe the City bears at least some responsibility for the damage received, it is important to remember that submitting a claim is a legal process. Each claim is investigated and evaluated by Cunningham Lindsey based on the City’s legal responsibility and liability.

In many cases, the City will be legally liable only if it has been negligent. Generally speaking, negligence involves doing something in a way that falls below what is reasonably expected of a person in that same situation.

Information regarding potholes:

Timmins has a significant freeze/thaw cycle each winter and spring. This cycle, together with high volumes of traffic, creates holes in road surfaces. Pothole formation requires two factors to be present at the same time: water and traffic. In areas subject to freezing and thawing, frost heaving can damage a pavement and create openings for water to enter. Spring thaw of pavements accelerates this process when thawing of upper portions of the solid structure in a pavement cannot drain past still-frozen lower layer, thus saturating the supporting soil and weakening it.

Potholes can damage a tire or a wheel, and in some cases suspension and/or steering systems can be affected.

Information regarding pothole claims and reporting:

The City receives hundreds of pothole claims every spring. With each claim, Chenier & Associates Insurance Adjusting Inc. will review the City’s records to determine whether the Minimum Maintenance Standards for Municipal Highways were met.

These Provincial government standards require the City to fix a pothole within a prescribed period, depending on the size of the pothole and whether it is on a paved or an unpaved road. It is important to note that the City’s obligation to fix a pothole is triggered only after the municipality becomes aware of the problem. Potholes can be reported through the City’s website: http://www.timmins.ca/residents/traffic-roads-sidewalks/pothole-reporting

If the City met those standards, the Regulations dictate that the City is not legally responsible for any damage sustained to your vehicle and your claim will be denied. You should note that the majority of pothole claims made against the Corporation of the City of Timmins are denied by the Insurance Adjuster, as the City’s maintenance standards regularly meet or exceed those that are prescribed by the Regulations.