Tuesday, 27 April 2021

Claiming damage from provincial roads

 

Highway Related Claims

From time to time, damage may occur to B.C. highways and/or highway infrastructure through motorist error or acts of vandalism. The Province may also incur costs when motor vehicle accidents require clean up or flagging. These events may result in a claim made by the Ministry of Transportation and Infrastructure against the party involved.

Conversely, members of the public may claim against the ministry if they sustain bodily injuries or damage to their home, land or vehicle while traveling on provincial highways, and which have arisen out of construction or maintenance activities.

Before You Make a Claim

Claimants are responsible for taking steps to address their own damages, so please consider going through your own insurer to allow for repairs to be done immediately. Your insurer can then follow up on the claim on your behalf, and can include your deductible into the claim total.

Please keep in mind, in order for a claim to be payable by the Province, there must be proof that there was negligence on the part of the ministry and/or highways contractor. If there was no negligence, the claim is not payable. The contract between a highway maintenance contractor and the Ministry of Transportation & Infrastructure requires that the contractor meet specific standards and response times determined by the classification of the roadway in question. Once a deficiency, such as a pothole, has been detected, contractors must make the necessary repairs within those required response times.

How to Make a Claim

Click on the link below to download the claims form. Once completed, you will see a clickable button at the end of the form that will launch your email and attach the form. The email and attached form should be sent to BCHighwaysClaims@gov.bc.ca. Please ensure your claim information includes:

  • Exact location where the incident occurred, including the nearest city.
  • Exact date and time when the incident occurred.
  • Exact damages arising from the incident.
  • Your full costs arising from the incident.
  • Your full contact information, including email address.

Once we have received your information, you will be contacted within 10 business days to confirm receipt of your claim. We will forward your claim to the contractor responsible for the area where your incident occurred, notify you of the same and follow up as necessary for a response. Please note that the submission of this claim form is not an admission of liability by the Ministry of Transportation and Infrastructure or its contractors or insurers. It is only a notification of an incident for the ministry to assess.

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