Liability & Damage Claims Policy EC-04-2023

Eastern Charlotte, New Brunswick · adopted 2023-02-15

This is the exact embedded text of the captured official document. Snapshot 05564f6a19e0 · verified 2026-06-07 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Liability and Damage Claims Policy (04-2023) Page 1 POLICY 04-2023 LIABILITY & DAMAGE CLAIMS POLICY The municipality of Eastern Charlotte works with citizens, businesses, and property owners to determine the Municipality's liability as it applies to various claims. A damage claim can be filed if it is believed that the Municipality has been negligent in its maintenance of facilities, roads, trees and sewers causing bodily injury or property damage. In the event of injury or property damage, we recommend consulting your insurance company first, the Municipality is not your insurer and it is usually to your advantage to consult with your own insurer. The responsibility to repair your damaged property is yours and if you need to complete any emergency repairs to prevent further damage, it is your responsibility to do so and keep receipts. If your insurer feels the municipality is responsible, they will pursue the munic- ipality for reimbursement of your claim. If you choose to submit a claim against the Municipality, it is important to know that any claim will take time to investigate. The Municipality only pays when there is a legal obligation to pay, for instance if the Municipality was negligent in their operations and not usually just due to extreme weather. If the Municipality is found to be negligent, the amount paid is based on a current value, not replacement cost. As an example, potholes are a way of life, are considered a sudden unpreventable occurrence and the Municipality's liability only arises if the Municipality fails to respond to the hazard in a reasonable time. POLICY DETAILS & AUTHORITY Liability & Damage Claims Policy (04-2023) Reviewed by Committee on 07 February 2023. This policy was adopted by Resolution of Council on 15 February 2023. DAMAGE CLAIM FORM EC Damage Claim Form - 02/23 1 Section 1: INCIDENT INFORMATION Incident Date Incident Time Weather conditions at time of incident Reporter Name Reporter Address Reporter Phone Incident Address or Location Describe what happened in as much detail as possible. Use a separate sheet if necessary. Please include relevant supporting photographs and documentation.  Check here if additional pages are provided. There are ____ additional pages attached. Section 2: WITNESS INFORMATION Are there any witnesses to the incident?  No  Yes (Please complete witness information below) Please attach a separate statement from each witness listed below, and have them sign at the end of this form. Witness #1 Name and Phone) Witness #2 Name and Phone) Witness #1 Address Witness #2 Address How was this witness connected to the incident? How was this witness connected to the incident? Section 3: PERSONAL INJURY DETAILS  Check here if there were NO PERSONAL INJURIES resulting from the incident and continue to the next section. Name of Injured Person Home Phone Date of Birth Address City/Town Postal Code Medicare # Name of Insurer Insurer Policy # Insurer Case # Part(s) of Body Injured (Specify Left/Right) Have you missed any time from work, beyond the day of the accident, due to injury?  Yes  No Last Worked Date Name of Employer / Supervisor Employer Phone  Check here if injured party elected to forego medical treatment Signature & Date Name of First Doctor Seen Doctor Phone Date of First Examination Medical Facility Name & Address Medical Facility Address Damage Claim Form, page 2 2 EC Damage Claim Form - 02/23 Section 4: PROPERTY DAMAGE DETAILS  Check here if there were NO PERSONAL INJURIES resulting from the incident and continue to the next section. Type of Property (i.e. vehicle, house, fence, etc.) Owner of Property (if different from Reporter) Year of Make / Build Prior Condition of Property Property Insurer Insurer Policy # Insurer Case # Have you obtained any quotes to repair/replace the damaged property?  No  Yes (Please complete the following) Quote Obtained From Date of Quote Quoted Cost of Repair/Replacement Have you already made any repair to/replacement of the damaged property?  No  Yes If yes, please attach copies of all receipts and work orders. Section 5: ADDITIONAL INFORMATION Were Police/RCMP Contacted?  No  Yes Date & Time of Contact Police/RCMP File # Was a Municipal vehicle or piece of equipment involved?  No  Yes If Yes, Name of Operator Section 6: REPORTER DECLARATION By signing below, I certify all preceding information to be true and correct to the best of my knowledge. I also give the municipality of Eastern Charlotte permission to contact the parties named above for the purpose of investigating this claim. If it should be determined the information in this claim is false, I release the municipality of Eastern Charlotte, its officers, employees, agents and insurers from all claims of liability. Signature Date Section 6: WITNESS DECLARATION By signing below, I believe the facts stated in this claim and my attached witness statement to be true. Printed Name (Witness #1) Printed Name (Witness #2) Signature (Witness #1) Signature (Witness #2) Date (Witness #1) Date (Witness #2)