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Real Estate and Business

Get Compensated For Fallen Tree Damage To Your Property

Toronto homeowners who have experienced tree damage to their homes may be able to get compensated from the City of Toronto. Among the most expensive damage caused to homes is fallen trees and large branches. In the event that such damage was caused by the City’s negligence in maintenance of City facilities, roads, trees and sewers, then you may qualify for compensation. In addition to property damage, damage can also include bodily injury.

According to the City of Toronto, from 2011-2016, there were 32,407 combined CGL, Auto & Property Insurance Claims against the City. The Total Estimated Value of the claims is $270,376,456, of which $108,039,785 has been paid.

Making a Claim against the City of Toronto

What you should know about filing a claim against the City of Toronto.

1. What You Should Consider When Making A Claim?

The City of Toronto is not your insurer.

If you have auto or property insurance, consider consulting your insurance company or broker first, for advice on how to deal with your loss. Your insurance coverage may be better 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 Toronto on your behalf.

 

2. What is the difference between making a claim through my insurance company and making a claim against the City of Toronto?

  • Making a claim through your insurance company means that you are taking advantage of your insurance coverage according to your insurance policy. However, it may affect your insurance premiums.
  • Making a claim against the City of Toronto is a third-party liability claim, which means you believe that the City has been negligent in its maintenance of facilities, roads, trees and sewers, causing bodily injury and/or damage to your property, for which you are seeking compensation.
  • What you should know about going through your insurance:
    • Your insurance coverage is usually 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 will likely result in higher premiums in the future.
  • What you should know about making a claim against the City of Toronto:
    • Third party liability claims will take longer as an investigation will be conducted by the City’s adjusters to determine if the City was negligent, causing damage.
    • Payment from the City of Toronto 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, rather than its replacement value.

3. What is Negligence?

The City of Toronto has an obligation to maintain its infrastructure. In the process, 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 an individual or property.

If you choose to submit a claim against the City of Toronto, it is important to outline why you believe the City is responsible for your accident and provide proof of your damages. The City of Toronto will investigate to determine if it met its maintenance obligations.

If it is determined that the City did not exercise a reasonable standard of care, the City may be found to be negligent. In that case, the City will attempt to resolve your claim. Any compensation paid to you will be based on proof of damage resulting from the City’s negligence. However, if it is determined that the City did exercise a reasonable standard of care, your claim will be denied.

How To File A Claim With The City of Toronto

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