If you believe the City of Niagara Falls caused injury or damage by not properly maintaining its facilities, roads, trees, or sewers, you can file a claim. The City reviews all claims to determine legal responsibility, but filing a claim does not guarantee payment. If you decide to submit a claim, you must provide the required information and meet all deadlines.
Contact your insurance company
We recognize that experiencing damage or loss can be upsetting. However, the City is not an insurance provider and will only pay for claims when found legally responsible. If you have car or property insurance, your first step should be to contact your insurance company. If your insurer believes the City is responsible, they may seek compensation against the City to pay for the damages on your behalf.
Type of Claims
Damage to your home
If your home was damaged by a City-related issue, such as a sewer backup, water main break, or a City tree, contact your insurance company right away and refer to your homeowner’s insurance policy.
Damage to your vehicle
If you have hit a pothole, a utility trench/road cut or a City tree has fallen on your vehicle, you should contact your insurance company or broker right away and refer to your auto insurance policy. If you have been in an auto collision with a City vehicle, please go to “Accident with a City vehicle”.
If your claim involves the maintenance of a highway (including sidewalks or boulevards) pursuant to the Municipal Act, 2001, section 44 (10), you have ten (10) calendar days from the date of the occurrence to file your claim with the City.
Road related claims
The Municipal Act sets rules for how the City must maintain roads.
If you file a claim for pothole damage, Risk Management checks that the Minimum Maintenance Standards for Municipal Highways were followed. If the City meets these standards, it is not responsible for damages.
Most pothole claims are denied because the City’s maintenance standards usually meet or exceed the required rules.
Accident with a City vehicle
In Ontario, you must go through your own insurance company for vehicle damage. If your vehicle was damaged in an auto collision with a City vehicle, report it to your insurance company or broker right away. Ontario’s no-fault auto insurance law requires this. Your insurance company will contact the City to confirm details of the incident.
Storm event
If your home has been damaged by a sewer backup, flooding, or a City tree, you should contact your insurance company or broker right away. Begin taking photos and/or videos of the damage and making an itemized list of what has been damaged. This will be helpful when making an insurance claim with your insurance company.
Injury claims
If your injury claim is related to the maintenance of a highway (including sidewalks or boulevards) pursuant to the Municipal Act, 2001, section 44 (10), you have ten (10) calendar days from the date of the occurrence to file your claim with the City.
Construction projects
The City’s agreements with private contractors require the contractor to respond directly to any losses when doing services on the City’s behalf. If it is determined that a contractor was conducting the services that resulted in the loss, the contractor will be responsible for responding.
If your home has suffered damage from a City construction project, please contact:
- Municipal Works at 905-356-7521 ext. 4211 or 4212 and ask to speak to the assigned City Project Manager.
- Municipal Works has a “Construction Related Notice of Claim” form, which may apply to your situation. They will provide the form and explain the process and next steps to you.
If the damage is extensive (i.e. sewer backup or flooding), you should immediately contact your insurance company or broker and refer to your homeowner's insurance policy.
If your vehicle has been damaged, you must contact your insurance company or broker right away and report the damage, as required by Ontario’s no-fault auto insurance legislation. In Ontario, you must go through your own insurance company for vehicle damage.
What to include in your claim notice
Important: Claims cannot be submitted by email or fax. Claims will be accepted by registered mail and in person.
Written claims
If any of the requested information is missing in your notice letter, it will delay the processing of your claim. When submitting your claim letter, it must include the following:
- Your name, mailing address, and phone number.
- Date and time of the occurrence (you must be specific: day, month, year, and time of day in a.m. or p.m.).
- Location of the incident. Provide the nearest municipal street address where the incident happened (i.e. 111 Main Street, Niagara Falls, Ontario).
- A brief description of what happened.
- For vehicle and injury incidents, please also include which direction you were travelling and which side of the street you were on.
- Explain why you are making the claim.
- The value of the loss you are claiming.
- If available, provide copies of any estimates or paid invoices. If not available at the time of filing your claim, please indicate they will be provided at a later date. Please keep your originals.
- Photo evidence. Include printed photos; we do not accept pictures on a USB or disc.
- For home damage, include photos of the damaged area and a few photos of the damaged contents.
- For vehicles, include a picture of what caused the damage to your vehicle and a picture showing the surrounding streetscape of where the incident happened.
- For injuries, include a picture of what caused your injury, a picture of the surrounding streetscape, including what caused your injury, and pictures of your injuries.
- Address your letter to the “City Clerk”
- Sign and date your letter.
- If the incident involved damage to your vehicle, the vehicle owner must sign the letter.
Where to submit your claim notice
You can submit your claim in three ways:
- In person at the Clerk’s counter inside City Hall at 4310 Queen Street.
- Use a drop box. There are two secure exterior drop boxes outside City Hall. These are available 24/7. Look for the drop box marked "Payments Only - No Cash." There is one near the main entrance of City Hall and one on the Erie Avenue side of City Hall.
- By Registered Mail with Canada Post. Registered mail is deemed received by the City Clerk’s office when they affix their date stamp to your letter, not when the Post Office receives it.
Address your claim to:
City Clerk
The Corporation of the City of Niagara Falls
Clerk's Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario L2E 6X5
City Hall hours: City Hall is open Monday to Friday, 8:30 a.m. to 4:30 p.m., excluding holidays.
Time limits for filing claims
- If your claim involves the maintenance of a highway (including sidewalks or boulevards) pursuant to the Municipal Act, 2001, section 44 (10), you have ten (10) calendar days from the date of the occurrence to file your claim in writing with the City.
- Other types of claims may have different time limits. If you are not sure if the 10-day deadline applies to your incident, please contact Risk Management at 905-356-7521 ext. 6700.
What happens after you submit a claim?
Claim review timeframe
Once the City Clerk’s office receives your claim, it will be reviewed by the Risk Manager. They will determine if your claim should be handled by the City or by an independent claims adjuster and let you know who is handling it.
The Risk Manager or the independent claims adjuster will investigate the facts and circumstances of your incident to determine whether the City is legally liable for damages.
A complete review of your claim usually takes approximately six to eight weeks. The response time may vary depending on the complexity of your claim and the availability of information.
Zero tolerance policy
The use of profanity, abuse, threats, bullying, or harassment to the independent claims adjuster or City Staff will not be tolerated under the City's Respect in the Workplace (Harassment Prevention) Policy 400.21, the City’s Workplace Violence Prevention Policy 400.26, Ontario Human Rights Code and the Occupational Health & Safety Act.
Compensation and fraudulent claims
The City will not be held responsible for your costs unless you can provide evidence that the City committed a negligent act or omission which resulted in injury or damage.
The City of Niagara Falls will only pay claims if it is legally liable for the damage sustained. This approach helps to reduce the financial burden on taxpayers, who ultimately bear the costs of these claims. Fraudulent claims cost taxpayers. The City will prosecute all fraudulent claims to the full extent of the law.
Claims decision and appeals
After reviewing your claim, you’ll receive a written decision. If you disagree with the decision, you can:
- Provide new evidence or concerns in writing to the Risk Manager or independent claims adjuster for their consideration. The independent claims adjuster may reopen the claim file and investigate the concerns.
- Seek independent legal advice if you wish to pursue further action.
Claims involving other entities
For claims involving:
Contact us
City of Niagara Falls
Risk Management
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario L2E 6X5
905-356-7521 ext. 6700
[email protected] (Inquiries only. Not for claim filing/submission)
