How to Make a Claim
If you wish to make a claim for damages or injuries, you must notify the City in writing within two (2) months of the incident occurring. Please fill out a Notice of Claim form and submit it to the City in one of the following ways:
Email: CityClerk@delta.ca
Mail: Attention: Clerks – 4500 Clarence Taylor Crescent, Delta, BC V4K 3E2
In Person: Finance Department - 4500 Clarence Taylor Crescent, Delta, BC V4K 3E2
Once your form is received, you will receive an acknowledgement letter within 10 business days. Please note that the investigation process can take several weeks. Should the City be found responsible for damages, documentation and invoices must be provided to substantiate any payment.
What You Should Consider When Making a Claim
Any damage to your property can be upsetting and disruptive. However, it’s important to note that as the City of Delta is not your insurer, making a third-party liability claim against the City does not guarantee payment. A claimant must be able to establish that their damages were caused by the City’s negligence.
Under Section 744 of the Local Government Act, a municipality is not responsible for property damage due to the breakdown or malfunction of a sewer system, water system, or road. Simply owning the property is not enough to establish negligence.
If you have auto or property insurance, we suggest you consult 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 on your behalf.
Claims Settlement Policy
It is the City’s policy that claims made against the City are not paid unless, in the opinion of Risk Management and/or legal counsel, there is a liability exposure. All claims will be investigated without passion or prejudice, utilizing facts and standard legal practices and principles. This approach reduces the financial burden for taxpayers, who ultimately bear the costs of these claims.
Appeals
The City’s assessment of your claim is final. A claim will only be reconsidered if you can provide additional relevant evidence to support your claim which was not originally considered.
If you are dissatisfied with the decision, you may choose to pursue litigation through the Civil Resolution Tribunal, Provincial Court of BC, or the Supreme Court of BC.
Common Claims
Potholes
If your vehicle is damaged because of a pothole on a Delta road:
Do not continue to drive the vehicle if it is not operating properly. Contact your collision insurers at your earliest opportunity.
Report the pothole to the City of Delta using one of the methods below:
- Use our DeltaConnect Mobile App
- Call Engineering at 604-946-3260 or 604-946-4141 for after hours.
- Visit City Hall at 4500 Clarence Taylor Crescent
In most cases, the City of Delta does not pay for vehicle damage caused by potholes or road hazards. As a matter of policy, Delta relies primarily on the traveling public to report problems with the roads and is not liable for damages sustained to vehicles in the absence of prior notice. Reimbursement is only considered for claims where the City knew of the disrepair and did not take action in a timely fashion after being advised of the issue.
City crews respond to repair potholes as quickly as possible once notified.
Sewer Backups and Water Main Breaks
In the event you have encountered a drainage or flooding issue, please report it to the City of Delta using one of the methods below:
- Use our DeltaConnect Mobile App
- Call Engineering at 604-946-3260 or 604-946-4141 for after hours.
- Visit City Hall at 4500 Clarence Taylor Crescent
If possible, protect your property from further damage. Be aware of electrical hazards when you are moving property in the affected area. Keep any damaged property for inspection by your insurance company.
Call your insurance company. Most insurance policies provide coverage for damages caused by water main break. If your insurer believes that the damage was caused due to the City’s negligence, they may pursue recovery directly from the City.
Please note that the City only pays out for these claims when there is established negligence on the part of the City. Ownership of the pipe or water main is not enough to establish negligence.
Trees
To request pruning or removal of trees on City property, please contact the Engineering Department at 604-946-3260 or complete an online service request through the DeltaConnect Mobile App that includes the reason for the request.
What if my tree is dangerous and needs to be removed?
If a tree has been severely damaged by a natural cause and is not likely to survive, or if the tree is in imminent danger of falling and causing injury to people or structures and the City has been notified of the danger, the tree can be removed without a permit. Risk of danger should be assessed by a qualified person, which means an arborist who is certified by the International Society of Arboriculture and includes a Certified Tree Risk Assessor. If the tree is located on private property, the arborist is hired by the owner.
Will the City pay for my damages?
Each claim will be examined individually. The mere fact that a City tree caused damage does not warrant automatic compensation from the City. You will need to demonstrate that the City was negligent in some way. A branch falling from a City tree during a windstorm or similar weather event does not necessarily mean the City was negligent.