Damage claims and witness statements

Should you feel that your personal property (fence, downspout, garage, building, driveway) has been damaged as a result of a City vehicle, you need to report this loss by completing the Notice of Claim form.

It is your responsibility to provide us with evidence or proof of your loss including witness names, photographs of location and damages, date and time of day and any other information that can assist The City in the investigation. This would include The City's identification number (located on rear and side of vehicle), license plate or driver's name if available.

If you have insurance, report the damage to your insurance company as soon as possible. In most cases they will be able to assist you more quickly and may also help you make a claim against The City.

If you have reason to believe that a City employee has caused physical damage to your personal property, please report this loss by completing the Notice of Claim form. You will be required to provide evidence and information to support your claim.

Please provide any information that you feel could help substantiate your claim and assist us in confirming the cause of loss and damages.

The MGA section 528 states in part that a municipality is not liable in any action based on nuisance or other tort that does not require a finding of intention or negligence, if the damage arises, directly or indirectly, from roads or from the operation or non-operation of a public utility.

Waterworks or public utility divisions attempt to keep accurate records of any losses that occur. Losses resulting in property damage can increase when a particular line or service needs replacement. These types of losses will be investigated and if it is determined that the municipality has done what is reasonable, given the situation and the condition of the utility at the time of the loss we will not be found to be negligent. Therefore The City will not consider these types of claims.

Should you wish to continue to pursue a claim, please submit a notice of claims form.

If you have insurance, report the damage to your insurance company as soon as possible. In most cases they will be able to assist you more quickly and may also help you make a claim against The City.​

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The City can experience intense and unusual weather conditions including hail, wind, tornados, snow and floods. If you have sustained damage to your property as a result of a severe storm, we strongly recommend you contact your insurance provider.

The City cannot control these conditions and therefore would not be held liable for your damages.

Should you wish to pursue a claim you must be prepared to provide proof that The City was negligent in causing the damages you are claiming.​

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What should I do if my property has been damaged?

If you have property insurance, report the damage to your insurance company as they may be able to provide you with replacement cost coverage. In most cases they will be able to assist you more quickly and may also help you make a claim against The City.

Please complete the notice of claim form.

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Will The City come out to fix our property?

No. City crews will not attend private property to conduct repairs. Any repairs on private property are the responsibility of the property owner. Property owners have the right to choose who they use for repairs to their own property.

The City does not provide or make any recommendations on contractors to be used when fixing private property.

Who will pay for the damages to my property?

This will be determined once your claim has been investigated and liability has been determined.

Who do I talk to if I have more questions?

Your insurance company/agent will be able to answer many of your questions. If you have started a claim against The City, a claims adjuster will be assigned to your file and will be available to answer any questions about your claim.

If you have found yourself involved in a motor vehicle accident involving a City vehicle we would suggest that you immediately contact your own insurance company to assist you in preparing any documentation and information to present your claim. Should you not carry physical damage coverage i.e. collision coverage on your vehicle and wish to pursue the claim directly, you may do so.

All claims involving motor vehicle accidents fall under the Rules of the Road as printed in the Traffic Safety Act. These accidents are dealt with in tort law and have a variety of different areas to be considered.

Should you wish to pursue damages or injury as a result of a motor vehicle accident we would ask that you complete the notice of claim form to submit your proposed claim.

If you have insurance, report the damage to your insurance company as soon as possible. In most cases they will be able to assist you more quickly and may also help you make a claim against The City.​

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One of the common claims that The City will receive are for potholes. Potholes are distortions within the asphalt area that can quickly develop, especially in times of severe moisture causing a hole-like appearance in the asphalt. In order for The City to be liable, there must be proof or evidence that we knew or ought to have known that this defect existed in the roadway. Not only is our knowledge of the defect required but also that we neglected to act upon that knowledge. This type of loss is generally not covered by The City.

Often people will refer to utility cuts and sunken service as potholes. Utility cuts and sunken services are often as a result of a clean cut into the asphalt to repair a service or utility under the roadway. These patches are seen on the roadway and often can show similar signs as potholes in that they will sink during significant moisture or overtime. Although The City knows that a service utility cut has occurred, as permits are taken by the different utility companies, we are not made aware when the services fall into a state of disrepair.

These types of losses are governed under The Municipal Government Act and should be presented to The City in a very timely fashion. The Municipal Government Act clearly indicates when and how the Municipality can be held liable for damages sustained within its Municipal boundaries. Should you have damage that you feel falls within this type of loss, we would suggest that you refer to Section 532, repair of roadway public places and public works of The Municipal Government Act. If you then wish to pursue compensation for your loss, please complete and forward your claims notification letter as quickly as possible.

It should also be noted that City of Calgary Roads does a yearly inspection of roads. This inspection covers sidewalks and roadways in attempt to identify defects that require maintenance or attention. These defects are handled on a priority basis.

Should you wish to pursue damages or injury as a result of a motor vehicle accident we would ask that you complete the notice of claim form to submit your proposed claim.

If you have insurance, report the damage to your insurance company as soon as possible. In most cases they will be able to assist you more quickly and may also help you make a claim against The City.

Should you feel that your personal property (fence, downspouts, garages, building, driveway) has been damaged as a result of a City of Calgary vehicle, you would need to report this loss by completing the Notice of Claim form.

In order to be successful it is your requirement to provide us with evidence of proof of your loss including witness names, photographs of location and damages and any other information that can assist us in our investigation to confirm that our vehicle did in fact cause the damage. This would include The City identification number (rear and side of vehicle), license plate or driver's name if available. If possible keep damaged property available for inspection.

If you have insurance, report the damage to your insurance company as soon as possible. In most cases they will be able to assist you more quickly and may also help you make a claim against The City.​

​​​​​​​​​​​​​​​​​​Submit a claim​​​​​​​​​

Section B Benefits*

If you are onboard a City vehicle at the time of an accident or incident and have sustained a personal injury, it is imperative that you immediately contact a medical provider for assistance and The City to advise of your claim. All medical providers should be aware of the necessity of the completion of the Section B Accident Benefits forms pursuant to the standard automobile policy in Alberta. This section can provide out of pocket medical assistance as prescribed by your primary health care practitioner without the necessity of determining who is at fault for the incident. This "no fault" benefit which is available to those requiring medical treatment deemed to be essential for the treatment or rehabilitation of the injured party.

* These benefits do not apply to a passenger on a C-Train.

Bodily Injury Claims

As well as medical benefits, you could be entitled to payment of damage for losses, such as pain and suffering, from the responsible party in the accident. This can only be awarded and provided to injured parties when there is sufficient evidence of The City's negligence or wrong doing in the use and operation of the motor vehicle. Should you feel that you would qualify for either of these payments, we would ask that you immediately submit the notice of claim form to The City so that we may begin our investigation into this matter.

The City can experience intense and unusual weather conditions including hail, wind, tornados, snow and floods. If you have sustained damage to your property as a result of a severe storm, we strongly recommend you contact your insurance provider.

The City cannot control these conditions and therefore would not be held liable for your damages.

Should you wish to pursue a claim you must be prepared to provide proof that The City was negligent in causing the damages you are claiming.

If you have insurance, report the damage to your insurance company as soon as possible. In most cases they will be able to assist you more quickly and may also help you make a claim against The City.​​

​​​​​​​​​​​​​​​​​Submit a claim​​​​​​​​​

Should I call my insurance company?

Yes. It is recommended when you are involved in a motor vehicle accident that you contact your own insurance company. If you have physical damage coverage (collision coverage), your insurance company may be able to assist you quicker than The City. If there is a dispute about who is at fault for the accident, your insurance company may be better able to assist you in dealing with The City directly.

If you do not have collision coverage on your policy, you may choose to continue to pursue your claim directly with The City.

Who will pay for the damage to my vehicle?

If you pursue a claim with your own insurance company and you have collision coverage, they will assist you in handling repairs and dealing with the body shop for payment for the repair. If The City is at fault, your insurance company will seek recovery of your damages directly from The City.

If you do not have collision coverage you will then need to pursue your claim with The City directly. If it is determined that The City is at fault for the accident, your City claims adjuster will discuss assessing your damages and any appropriate payments.

What do I do if I am injured in a motor vehicle accident?

First and foremost, if you are injured in a motor vehicle accident you should seek medical attention as soon as possible.

Who do I talk to if I have more questions?

Your insurance company/agent will be able to answer many of your questions. If you have started a claim against The City, a claims adjuster will be assigned to your file and will be available to answer any questions about your claim.

The City often receives claims as a result of "slip and fall." These types of claims are generally found on Municipal owned sidewalks and or roadways. This type of injury is referred to under under The Municipal Government Act Section 531 Snow on Roadways.

Under this Section of the MGA, in order for Municipality to be found liable in the case of slip and fall on City sidewalks and roadways, the municipality must be found to have been grossly negligent. It also states that notice must be given to The City within 21 days of the incident in order for the municipality to be provided adequate time to investigate the snow and ice condition.

As is often the case in Alberta during difficult weather conditions, ice can appear as a result of freezing over night and/or snowfall providing slippery or wet conditions. These types of conditions can result no matter how cautious an individual can be. It is important to note that The City does not have the man power or resources to remove all snow and ice within the municipality. This type of standard is far too great. However, we have installed Bylaws in place that require adjacent property owners to remove snow and ice from the adjoining sidewalks.

If you still wish to pursue a claim for your injuries as a result of a slip and fall we would ask that you complete and submit the notice of claims form so that we can begin our investigation and assign an adjuster to assist you.

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The City takes the care and condition of its sidewalks and roadways as a very serious matter. All reasonable attempts to inspect and maintain our property and alleviate tripping hazards are taken. However, given our inspection system we are only in a position to repair the most serious of tripping hazards on a yearly program. As such, we cannot guarantee no-trip hazards within the municipality. Claims being presented to The City under this section should refer to Section 532 of The Municipal Government Act where these types of losses are recognized.

The City generally can only be found liable for any injuries as a result provided they knew or should have known of the disrepair as well as taking a reasonable state of repair. Please note that with this type of loss there is a 30 day notification period requirement from the date of the incident.

Should you wish to pursue a claim against the municipality for trip and fall on a road right of way, we would ask that you provide written detail as quickly as possible.

Please complete and submit the notice of claims form so that we can begin our investigation and assign an adjuster to assist you.​

​​​​​​​​​​​​​​​Submit a claim​​​​​​​​​

Section B Benefits*

If you are onboard a City vehicle at the time of an accident or incident and have sustained a personal injury, it is imperative that you immediately contact a medical provider for assistance and The City to advise of your claim. All medical providers should be aware of the necessity of the completion of the Section B Accident Benefits forms pursuant to the standard automobile policy in Alberta. This section can provide out of pocket medical assistance as prescribed by your primary health care practitioner without the necessity of determining who is at fault for the incident. This "no fault" benefit which is available to those requiring medical treatment deemed to be essential for the treatment or rehabilitation of the injured party.

* These benefits do not apply to a passenger on a C-Train.

Bodily Injury Claims

As well as medical benefits, you could be entitled to payment of damage for losses, such as pain and suffering, from the responsible party in the accident. This can only be awarded and provided to injured parties when there is sufficient evidence of The City's negligence or wrong doing in the use and operation of the motor vehicle. Should you feel that you would qualify for either of these payments, we would ask that you immediately submit the notice of claim form to The City so that we may begin our investigation into this matter.​

​​​​​​​​​​​​​​​​​​​​​​Submit a claim​​​​​​​​​

If you have found yourself involved in a motor vehicle accident involving a City vehicle we would suggest that you immediately contact your own insurance company to assist you in preparing any documentation and information to present your claim. Should you not carry physical damage coverage i.e. collision coverage on your vehicle and wish to pursue the claim directly, you may do so.

All claims involving motor vehicle accidents fall under the Rules of the Road as printed in the Traffic Safety Act. These accidents are dealt with in tort law and have a variety of different areas to be considered.

It should be noted that it can take a considerable amount of time to complete an investigation for these types of accidents. Not only do we take into consideration the individual statements and stories as to how this happened from all the parties involved, we also consider accident scene investigation, police reports, witness statement and other items before a determination on liability is made.

Should you wish to pursue damages or injury as a result of a motor vehicle accident we would ask that you complete the enclosed notice of claim to submit your proposed claim.

What should I do if I have suffered an injury and believe that The City is at fault?

If you are injured, it is important that you seek medical attention as soon as possible. The City asks that you report any claim to The City in a timely fashion to avoid any delays as some notice requirements are as short as seven days.

If there is a hazard that can cause an injury, please contact 311. Once a claim has been made to The City, a City claims adjuster will be assigned to investigate the incident.

Do I need a lawyer?

The City does not provide legal advice or guidance to any person making a claim. It is your decision whether or not to hire a lawyer.

Generally, a person who has been injured in an accident has up to two years from the date of the accident to commence legal proceedings. If you have any questions regarding timing or the legal process, contact a lawyer.

In order for The City to investigate a loss in a timely manner, notice must be provided to The City. It is not necessary for you to have recovered from an injury or for any property damage to be repaired prior to making your claim.

Please note, in order for The City to consider your claim there must be some form of negligence in order to be found at fault. The City is governed by a number of pieces of legislation such as the Municipal Government Act (MGA).​

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