Insurance Claims
If you have incurred an injury or financial cost for an incident you believe falls under municipal responsibility, you can make a claim. Please review the claim sections below to further understand how the municipality determines liability as per legislation and standard practices.
Before Making a Claim
First, contact your own insurer regarding damages. Depending on the situation, you may be eligible for more compensation from your insurer than you can recover from the municipality. If your insurer believes the municipality is liable, they will contact the County of Prince Edward on your behalf.
If you experience property damage, you should notify your insurance company of the loss. Failure to notify your insurer at the onset of the loss may affect your rights to recover costs under your insurance policy.
How to Make a Claim
If you choose to make a claim against the County of Prince Edward for property damage or personal injury, and you believe the municipality may be responsible, you must provide written notification as specified in the Municipal Act.
The Municipal Act, 2001, S.O. 2001, c. 25 requires that the County of Prince Edward receive notification within 10 business days of an incident. You should inform the municipality of the damages or injury as soon as possible.
Notice can be provided to the municipality in one of three ways:
- Submitting your claim using the online submission form, or
- Emailing the required information (or download the submission form) to the Clerk’s Office at claims@pecounty.on.ca, or
- Providing written notification along with the required information to:
Clerk’s Office
County of Prince Edward
332 Picton Main Street
Picton ON K0K 2T0
What’s Required to Start a Claim
- The name, mailing address, email address, and telephone number of the person who has incurred an injury or financial loss (the “claimant”);
- The contact name, mailing address, email address, and telephone number of the person submitting the claim (if different from the claimant);
- The date, approximate time, and exact location of the incident (address or coordinates with closest intersection); and
- A brief description of what happened, including photos of the incident/damage/injury and invoices supporting any financial loss claimed as a result of the occurrence. Note: please submit documents in .jpg or .pdf format
Important: Missing information will cause delays in the processing of your claim. If you need to submit additional information in support of your claim, please email claims@pecounty.on.ca as soon as possible.
In the event that your claim is accepted, an invoice is required prior to the municipality issuing any compensation.
Response Time and Compensation
Response Time
Upon receipt of your claim, the municipality will acknowledge your claim as soon as possible. An investigation begins upon receipt of your claim and typically a final response will be sent within 90 days.
Compensation for Your Costs
The County of Prince Edward will not be held responsible for your costs unless you can provide evidence that the municipality committed a negligent act or omission that resulted in injury or damage. The County of Prince Edward only provides compensation when it is legally liable for the damage sustained.
Note: Payment for property damage or personal injury is contingent upon the municipality being found legally liable for the damages you have incurred.
Common Types of Claims
Road, roadway, and sidewalk claims
The municipality is not responsible for damages if it has met the Provincial “Minimum Maintenance Standards for Municipal Highways” (MMS) – https://www.ontario.ca/laws/regulation/020239.
The MMS sets the standards the municipality must meet for various aspects of roadways under municipal jurisdiction, including the road surface, shoulders, and sidewalks. These standards may vary for each classification of road. Road classification is determined by the average daily traffic and the speed limit.
The County of Prince Edward identifies deficiencies through regular patrols routes and from reports made by the public. If you see a deficiency, such as a pothole or debris, on a municipally maintained road, call 613.476.2148 extension 0 or email info@pecounty.on.ca. Please note: by reporting a deficiency you are not submitting a claim to the County of Prince Edward.
If your claim against the County of Prince Edward is accepted, damages will be subject to depreciation and betterment. That means the amount you receive from the claim may be a percentage of the replacement cost depending on the evaluation of the claim.
You are required to submit your claim within 10 days of the date of the incident, as required by Section 44(10) of the Municipal Act.
Typically, road, roadway, and sidewalk claims are completed within 90 days.
Sewers and Flooding Claims
Any property damage that has resulted from a sewer back-up or flooding of your residence can be attributed to a number of causes, including the weather. While the County of Prince Edward is required to meet installation and maintenance standards for water and sewage systems, the Municipal Act, 2001 provides that “No proceeding based on nuisance, in connection with the escape of water or sewage from sewage works or water works, shall be commenced against a municipality.”
To make a claim against the County of Prince Edward, you must demonstrate that the municipality did not meet these standards.
Any property damage should be reported to your insurance company so its representatives can assist you in mitigating further damage. If your insurance company believes that the damage is a result of negligence on the part of the municipality, the insurance company will present a claim on your behalf.
County-owned Tree Damage Claims
Damage caused by a tree on municipal property does not trigger automatic compensation from the municipality. For example, if a tree or limb failure occurred as a result of a storm event, then the municipality will not be responsible for private property damage. Upon receipt of a claim, the municipality will investigate the history of the tree to consider all factors.
If you notice a tree that appears to be dead or dying, please email the municipality at info@pecounty.on.ca or call 613.476.2148 extension 0 to provide the location of the tree. Municipal staff will follow up and inspect the tree. Please note: by reporting a deficiency you are not submitting a claim to the County of Prince Edward.