Pothole Claims

When making a claim against the Municipality for pothole damages, it’s important to note that the Municipality will not be responsible for your property damage if it has met the Provincial “Minimum Maintenance Standards for Municipal Highways” (MMS) Ontario Regulation 239/02: Minimum Maintenance Standards for Municipal Highways.

The MMS comprises a series of standards for various aspects of road maintenance (patrolling, salting, clearing snow and pothole repair) which vary, depending on the speed limit and traffic volume on a particular roadway in accordance with these standards:

Potholes in higher speed roads and high-volume roads are repaired more quickly than ones on side streets
On the busiest roads, the Municipality repairs potholes in four days from the date they are reported
On side streets, the Municipality has 30 days to repair potholes

The Municipality identifies potholes through regular patrols and reports made by the public. If you see a pothole on a municipal street, report it by calling your Local Ward Office.

You are required to submit your claim within 10 days of the date of the incident using the Claim Submission Web Form.

For more about the claims process in general, please visit Make a Claim Against the Municipality.

Claim Investigations

There will be an investigation by the Municipality’s insurance adjusters to determine if the Municipality is responsible for your loss.

The investigation will consist of gathering information from you and the Public Services department. Records from the Public Services department will be reviewed to determine if regular inspection and repair standards were upheld in accordance with the Provincial Minimum Maintenance Standards for Municipal Highways (MMS). Patrol logs/diaries are relied upon to document patrol and pothole repair dates. Also, information about contractors or third parties that may have been carrying out work at or near the site of the incident.

Repairs to your vehicle can be expedited by making a claim through your automobile insurance company.

If Your Claim is Denied

If Public Services records show that MMS service levels were met, The Municipality has a defense and your claim will be denied. The Municipality’s adjuster will outline the results of their investigation in a letter and provide you with a report that justifies the Municipality’s denial.

It’s important to know that the majority of property damage claims made against the Municipality of Greenstone are denied as the Municipality regularly meets or exceeds standard service levels.

If you still wish to pursue your claim after being denied compensation, your next option is to proceed with legal action.