Pothole Damage Claims
Each spring potholes appear on Edmonton streets. The frequency of dramatic freeze/thaw cycles, combined with more traffic and deteriorating infrastructure, creates ideal conditions for the creation of potholes.
The City currently has 10 roadway maintenance crews dedicated full-time to pothole repair. Council decisions to undertake a road remediation program in 2007 and increase funding for snow removal in the 2007/2008 snow removal budget have decreased the number of potholes.
Claim History
- In 2007, 1,033 pothole claims were presented to the City - of these 85% were denied.
- The total payout for the year for all pothole claims was $103,040 with an average payout of $665.
- The most common damage was to tires and struts.
Make a Pothole Claim
The Risk Management Section of the Law Branch investigates and settles all claims made against the City. To ensure claims are legitimate, claimants are required to submit a completed claim damage form.
Claims can be reported by calling the 24-hour hotline at 780-496-5130. However, the claim form must still be completed and submitted.
Statement of Damage or Injury Claim Form
Claim Evaluation
The City evaluates claims through a rigorous and fair process that ensures claims are legitimate and the City is actually responsible. Claims are paid only after going through the evaluation process, to ensure the City has properly assessed its level of responsibility for an incident.
Provincial law outlines the City's responsibility and liabilities and sets a reasonableness standard with respect to the repair of roadways. City claims adjusters carefully review each pothole claim in context of the provincial legislation.
Provincial Liability Conditions
- Claims must be reported within 30 days of the date of incident.
- The City is liable only if it knew, or ought to have known, of the state of disrepair.
- The City is not liable for damage caused by a system of inspection, or the manner in which the inspections were performed.
- The City is not liable for damage caused by a system of maintenance, or the manner in which the maintenance is to be performed.
- The City is not liable if it can prove it took reasonable steps to prevent the disrepair from happening.
- The character of the road, and the area of the city in which it is located, are both factors that are to be used in establishing the reasonableness standard.
- There is some accountability on drivers to watch where they are driving to avoid potholes as long as this can be done safely.
Key Points
- Damages caused by potholes are not immediately paid by the City. Each damage or injury claim is evaluated according to provincial legislation to ensure the City is actually responsible.
- The City is careful and fair when following its duties under provincial legislation.
Appeal a Denied Claim
Should a claim be denied the claimant can have the decision reviewed by a manager within the Risk Management Section. If the claim is still denied, the claimant can initiate an action in Provincial Court in an attempt to recover damages.
For more information:
Risk Management Section
10th Floor, Chancery Hall3 Sir Winston Churchill Square
Edmonton, Alberta
T5J 23C
| Telephone | 780-496-5130 |
|---|---|
| Fax | 780-496-5149 |
| riskmanagement@edmonton.ca |
