Auto Damage
All Ontarians are legally required to report any automobile accidents to their insurance company. We recommend contacting your insurance company as soon as possible.
On this page
For auto claims submitted to the County, please note that:
- We are required to investigate the incident to determine if the County is legally liable
- Your insurance broker will provide coverage information on what losses are deemed ‘at fault’ and ‘not at fault’
Potholes
This includes damage that allegedly occurred due to a pothole, debris, or other road hazards.
All municipalities in Ontario are accountable to the Minimum Maintenance Standards (MMS). The MMS outlines the requirements for various hazards and the timelines for repair. The presence of a pothole does not automatically make the County liable. As per the Standards, potholes on high-volume roads (main arteries) are repaired more quickly than those on lower-volume roads (side streets).
- On high-volume roads, the County repairs potholes within 4 days from the date the pothole is reported
- On lower volume roads, the County has 30 days to repair potholes from the date the pothole is reported
Highway 3 and Highway 6 are under the Ministry of Transportation's (MTO) jurisdiction, and Haldimand County cannot respond to damages that occurred on these roads. See the Ministry of Transportation for further details.
Find information on the process once a claim has been submitted.
If the claim investigation determines that the County has met or exceeded the minimum maintenance standards, the claim will be denied.
Trees
This includes damage that allegedly occurred from a County-owned tree.
When making a claim against the County for auto damage related to County trees, several factors are considered in determining the County’s negligence and responsibility. Some of these factors include:
- Whether the tree is County-owned
- Whether there was any visible evidence of decay before the incident
- Whether the County was aware of the condition of the tree before the incident
- Whether the County’s inspection and maintenance activities were reasonable
- If the tree/limb failure occurred as a result of a storm event, then the County will not be responsible for your property damage
Find information on the process once a claim has been submitted.
The fact that a County-owned tree caused the damage does not warrant automatic compensation from the County. An investigation will be undertaken including but not limited to the history of the tree.
Contractor claims
For damage that allegedly occurred in a construction zone or due to work performed by a contractor hired by the County, see our Contractor Claims page.
Contact Us
Legal Services
53 Thorburn Street South
Cayuga, Ontario
Canada, N0A 1E0
