Report the incident to your insurance company. The insurance company will assess the damages and make any necessary arrangements to commence clean-up and repair of damaged property. Make a list of all of the items/areas affected and, if possible, take photographs. Your insurance company should pay for damages and, if applicable, will contact the Town for recovery. If your insurance company does not cover your damages, you can submit a claim to the Town of Midland using the Accident/Incident Reporting Form.
Property Damage Claims
If you believe that you have suffered injury or property damage which has resulted from a failure on the part of the Town, you may submit notice of the incident to the Town for review.
As instructed in the form please include photos, receipts, invoices or any other relevant documents which may support your claim. Please submit the reporting form and any supporting documents as soon as possible to ensure you comply with legislated limitation periods.
Before Making a Claim
If you have auto or property insurance, we suggest that you consult your insurance company or broker first. Your insurance coverage may provide more coverage to you than what the Town may be found responsible for. If the Town is found liable, any payments would be based on the current value of your property and not the full replacement value.
We also suggest that you contact your insurer immediately in emergency situations, such as flooding, sewer or similar claims. You may have coverage for immediate emergency services.
Any claim against the Town needs to be first investigated before a determination of fault is made and Investigations can take time. Your insurer could provide immediate assistance and allow for timely repairs. If your insurer believes the Town is responsible, they may seek reimbursement from the Town.
If your claim relates to a road or sidewalk condition, you must submit notice of your claim within 10 days of the date of the incident.
Lawn Damaged by Snowplow or Sidewalk Plow
For severe damage to your sod or the boulevard as a result of plow operations, please complete a service request or contact Customer Service at service@midland.ca or 705-526-4275 x2255. Operations may restore the damaged sod or any damage to the boulevard. Any restoration work would take place during the spring and summer months.
Pothole Damage Claims
We identify potholes through regular patrols and resident reports. If you see a pothole, report the pothole online or by contacting Customer Service at service@midland.ca or 705-526-4275 x2255.
The Town is not responsible for property damage due to a pothole if we have met the Provincial Minimum Maintenance Standards (MMS). The MMS are standards for road maintenance, such as patrolling, salting, clearing snow and pothole repairs. These standards vary depending on the road's speed limit and traffic volume.
Frequently Asked Questions
What should I do if my property has been damaged?
Who can I tell about potholes or other road hazards I see?
We identify potholes through regular patrols and resident reports. If you see a pothole or other hazard during business hours, report it online or by contacting Customer Service at service@midland.ca or 705-526-4275 x2255.
My vehicle was damaged in a pothole. What should I do?
See a licensed motor vehicle mechanic. Do not continue to drive your vehicle if it is not operating properly. Notify the Town of the exact location so any needed repair work can be done. Contact your insurance agent for assistance.
What if I think the vehicle damage is the Town’s fault?
If your insurance company pays for your vehicle repairs, it will attempt to recover money from anyone whom they feel was responsible for the damages. Typically, insurers try to recover the amount of the claim that they paid as well as your deductible. If you want to claim directly against the Town, you must complete and submit the above Accident or Incident Reporting form.
Based on the findings of its investigation, compensation will only be provided if the Town is found to be legally liable for the property damage.
See a licensed motor vehicle mechanic and contact your insurance company as you may have coverage for this type of loss. Using the above claim form, you may submit your claim to the Town of Midland.
If you incurred damages as a result of a construction project, the contractor will have a contract with the Town that contains an indemnity clause that would extend to all claims, loss, costs and damages in connection with this contract by the successful bidder.
This means that the contractor must look after the claims against the Town for damage they allegedly caused. To assist in processing your claim, the Town will identify the contractor as well as forward your claim to the contractor on your behalf.
If the loss has occurred in a subdivision not yet assumed by the Town where the developer is responsible for the maintenance and upkeep of the area, the Town will identify the developer and forward your claim to the developer on your behalf. It is your responsibility to communicate directly with the contractor or developer with respect to your claim.