- What you should consider when making a claim
- Any damage to your property can be upsetting and disruptive; however, it’s important to know that the City of Brampton is not your insurer.
- If you have automobile or property insurance, we suggest that you consult with your insurance company or broker first for advice on how to deal with your loss. Your insurance coverage may be more extensive than what you can recover from the City.
- If your insurer believes the City is responsible for your damages, they may seek compensation against the City of Brampton on your behalf.
- What is the difference between making a claim through my insurance company and making a claim against the City of Brampton?
- Making a claim through your insurance company means that you are taking advantage of your insurance coverage for your personal assets according to your insurance policy.
- Making a claim against the City of Brampton is a third-party liability claim, which means you believe that the City has been negligent in its maintenance of facilities, roads and trees, causing bodily injury and/or damage to your property and you are seeking compensation.
- What you should know about going through your own insurance:
- Your insurance coverage is generally more extensive than what you may recover from the City through a third party liability claim.
- Often your insurance company will pay for your loss up front, regardless of who is responsible for your damage. This may, however, result in higher premiums in the future.
- What you should know about making a claim against the City of Brampton:
- Third party liability claims will take more time as an investigation will be conducted to determine if the City was negligent, causing damage.
- Payment from the City is not guaranteed.
- If the City is found to be negligent, the amount that you would receive in compensation is limited to its current value, not its replacement value.
- What is negligence?
The City has an obligation to maintain its infrastructure. It must exercise a reasonable standard of care. The City may be found negligent if it fails to meet the appropriate standard of care, and that failure results in damage or injury to the public.
If you choose to submit a claim against the City, it is important to outline why you believe the City is responsible for your accident and provide proof of your damages. The City will conduct an investigation to determine if it has met its maintenance obligations.
If the City did not exercise a reasonable standard of care, the City may be found to be negligent. In that circumstance, the City will attempt to resolve your claim. Any compensation paid to you will be based on proof of damage that has arisen as a result of the City’s negligence. If the City did exercise a reasonable standard of care, your claim will be denied.
- What should I do if my property is damaged as a result of construction?
Write down the details of when and how the damage occurred as well as who was doing the construction work.
Contact your insurance company as your insurance policy may provide coverage for your damages. Your insurers can pursue any party it believes to be responsible for the damages.
Contractors working for the City will have a permit or a contract. In both cases, there is an indemnity and insurance clause that protects the City against claims arising from their operations. The City of Brampton requires that all of their contractors carry insurance. Should the City receive a claim resulting from a contractor's work, it will forward the claim to the contractor for handling. Please note that payment in respect of property damage or bodily injury is contingent upon the contractor being found legally liable.
To submit a claim, please follow the process outlined under CLAIM NOTIFICATION PROCESS.
- My property has flooded. What should I do?
If at all possible, separate the damaged items from non-damaged items. Contact your property insurance company, as you may have coverage for this loss.
Significant rainfall over a short period of time can result in the City’s storm system taking in more water than the system is designed to accommodate, resulting in flooding.
If the flooding originated from a storm sewer, call 311.
If the flooding originated from a watermain or the sanitary sewage system, contact the Region of Peel 24/7 hotline at 905-791-7800.
- My property has been damaged because of a sewer back-up. What should I do?
The Sanitary Sewer system is the responsibility of the Region of Peel. For claims involving the Region of Peel, please contact the
Region of Peel Risk Management Department at (905) 791-7800. - Tree roots from a City owned tree have caused damage to my underground laterals. What should I do?
Tree roots rarely intrude or invade into underground laterals unless there is first a break in the lateral which would attract the roots.
Old clay tiles do have a tendency to collapse from time to time and are not sealed in the same way as modern laterals and as a result of seepage, attract tree root growth in their direction. - My property has been damaged because of tree branches. What should I do?
The mere fact that a City tree caused damage does not warrant automatic compensation from the City. An investigation will look into the history of the tree to consider all factors.
Contact your insurance company as your insurance policy may provide coverage for your damages. Your insurers can pursue any party it believes to be responsible for the damages.
If the tree/limb failure occurred as a result of a storm event, then the City will not be responsible for your property damage.
- I have fallen on a City sidewalk or on a City park pathway. What should I do?
Although City sidewalks and pathways are inspected and maintained, deficiencies can still arise, sometimes quite suddenly.
Sidewalk deficiencies may also be created by adjacent property owners, for example, by the installation of underground sprinklers, water flow and construction debris.
- My vehicle was damaged in a pothole, from road debris or a manhole cover. What should I do?
Claims for damage to a vehicle as a result of driving over a pothole, road debris or a manhole cover are not generally reimbursable. Please report the damage to your insurance company. - Who can I tell about potholes or other road hazards that I see?
Please call 311. The exact location of the hazard will be recorded and an inspection arranged so that appropriate action is taken. - I need a rental vehicle because my vehicle is badly damaged or unsafe to drive. How can I get a rental vehicle?
If you need to rent a vehicle, it is your own decision. You may consider contacting your own automobile insurance company for assistance in this regard. If you choose to rent a vehicle before hearing from your insurance company, you may be responsible for all or part of that expense. - I have damaged my vehicle on a road that was under construction or unassumed. What should I do?
Be sure to see a licensed vehicle mechanic to determine the extent of damage. Contact your automobile insurance company as you may have coverage for this type of loss.
Contractors working for the City will have a permit or a contract. In both cases, there is an indemnity and insurance clause that protects the City against claims arising from their operations.
The City of Brampton requires that all of their contractors carry insurance. Should the City receive a claim resulting from a contractor’s work, it will forward the claim to the contractor for handling. Please note that payment in respect of property damage or bodily injury is contingent upon the contractor being found legally liable. To assist in processing your claim, the City will identify the contractor as well as copy the contractor, quoting the contract number, in our response to you.
If the loss has occurred in a subdivision not yet assumed by the City, the developer is responsible for the maintenance and upkeep of the area. To assist in processing your claim, the City will identify the developer along with their contact information, and will copy the developer in our response to you.
- I have damaged my vehicle on an on-ramp or off-ramp for HWY 410. What should I do?
For claims involving the Ministry of Transportation, please contact the Ministry of Government and Consumer Services’ Risk Management and Insurance Services Branch at 416.314.3445. - I have damaged my vehicle on an on-ramp or off-ramp for HWY 407. What should I do?
For claims involving the 407 ETR, please contact the 407 ETR at 1-888-407-0407. - How can I obtain information contained in City records?
You may obtain information from the City under the Freedom of Information Act by contacting the City's Freedom of Information Coordinator, Council & Administrative Services, 2 Wellington St. West, Brampton, ON, L6Y 4R2.
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