Reminder: Utility bills were due on November 30. If you receive your bill by mail, it may be delayed due to the postage strike. To avoid missing a payment, register for eServices at Cochrane.ca/utilities.
Damage Claims and Witness Statements
What is a claim?
If you feel that you have suffered an injury or damage as a result of the actions of the Town of Cochrane or its employees, you may pursue a claim. While anyone can pursue a claim, it does not guarantee that you will be paid for damages stated in the claim. The Town will only provide compensation if and when negligence against the Town has been proven. Decisions are made based on law and fact. All claims are investigated and considered on their individual facts.
We recommend you contact your insurance company first. They can advise you on how to deal with injury or damage. Your insurance coverage may be more extensive than what you can receive from the Town. Additionally, if your insurer believes the Town is responsible for your damage, they may seek compensation on your behalf.
The Town is not your insurance company nor does any information on this website constitute legal advice. If you have a legal question, you need to talk to a lawyer.
How to submit a claim
To make a claim, we ask that you complete the Notice of Claim form. Please ensure all required fields within the form are completed as well as any additional information that may be relevant to your claim, such as photos, repair estimates, etc.
Notice of Claim Form
By providing you with this form, the Town of Cochrane does not admit any liability for the damages. The form is solely used for investigation purposes of the incident described.
Alternatively, you can download and complete a paper Notice of Claim form. Include all relevant information, estimates and photos. You can submit the claim package as listed on the form. Download the Notice of Claim form.
What happens next
Once the Risk Management Advisor receives your Notice of Claim and supporting documents, the Town will investigate the claim to determine whether the municipality was negligent and liable for the damage.
You will receive a written response advising of the decision or information on next steps within 30 days of receipt of a completed claims package. Depending on the nature of your claim, an adjuster appointed by Cochrane’s insurer may also contact you.
Note: If the alleged damages might have occurred as a result of work being performed by a contractor on behalf of the Town your claim will be forwarded to the Contractor.
Claim information
The following limitation periods apply for claims against the Town. These outline how long you have to submit a claim, and are governed by the Municipal Government Act:
21 days for snow, slush and ice
30 days for road repairs or non-repairs
two years for all other actions
If you are involved in a motor vehicle collision, report the claim to your insurance company immediately, regardless of who was at fault. Liability is determined in part by insurance companies. If you are injured in a motor vehicle accident you should seek medical attention as soon as possible. It is not necessary for you to have recovered from an injury or for any property damage to be repaired prior to making your claim.
If you pursue a claim with your own insurance company and you have collision coverage, they will assist you in handling repairs and dealing with the body shop for payment for the repair. If the Town is at fault, your insurance company will seek recovery of your damages directly from the Town.
Should you not carry physical damage coverage i.e. collision coverage on your vehicle and wish to pursue the claim directly, you may do so by completing the Notice of Claim form.
All claims involving motor vehicle accidents fall under the Rules of the Road as printed in the Traffic Safety Act. It should be noted that it can take a considerable amount of time to complete an investigation for these types of accidents. Not only do we take into consideration the individual statements and stories as to how this happened from all the parties involved, we also consider accident scene investigation, police reports, witness statement and other items before a determination on liability is made.
Please note: if the total damage to all vehicles and property is more than $5,000, a Collision Report Form must be filed with the RCMP.
The Town asks that you report any claim to the Town in a timely fashion to avoid any delays.
Trip and fall The Town of Cochrane takes the care and condition of its sidewalks and roadways seriously. Though we make all reasonable attempts to inspect and maintain municipal property to alleviate tripping hazards, we cannot guarantee that no hazards exist. Section 532 of the Municipal Government Act (MGA) states that:
A municipality may only be held liable in the case of a trip and fall if they knew or should have known of the state of repair and did not take reasonable steps to prevent it.
Incidents must be reported to the municipality within 30 days.
Slip and fall Alberta experiences a wide variety of weather conditions, often all in the same day. The Town simply does not have the resources to remove all ice and snow from sidewalks and roadways. Section 531 of the MGA states that:
In order for a municipality to be held liable in the case of a slip and fall, they must be found to be grossly negligent.
Incidents must be reported to the municipality within 21 days.
If you have reason to believe your personal property (fence, downspouts, accessory building, driveway) has been damaged as a result of a Town vehicle, equipment or employee, please complete a Notice of Claim form.
In order to be successful it is your requirement to provide us with evidence of proof of your loss including witness names, photographs of location and damages and any other information that can assist us in our investigation to confirm that the Town did in fact cause the damage. If possible keep damaged property available for inspection.
If you have insurance, report the damage to your insurance company as soon as possible. In most cases they will be able to assist you more quickly and may also help you make a claim against the Town.
Section 528 of the Municipal Government Act (MGA) states in part that a municipality is not liable in any action based on nuisance or other tort that does not require a finding of intention or negligence, if the damage arises, directly or indirectly, from roads or from the operation or non-operation of a public utility.
The Utilities department attempt to keep accurate records of any losses that occur. Losses resulting in property damage can increase when a particular line or service needs replacement. These types of losses will be investigated and if it is determined that the municipality has done what is reasonable, given the situation and the condition of the utility at the time of the loss we will not be found to be negligent. Therefore the Town will not consider these types of claims.
Should you wish to continue to pursue a claim, please submit a Notice of Claim form.
If you have insurance, report the damage to your insurance company as soon as possible. In most cases they will be able to assist you more quickly and may also help you make a claim against the Town.
Cochrane can experience intense and unusual weather conditions including hail, wind, tornados, snow and floods. If you have sustained damage to your property as a result of a severe storm, we strongly recommend you contact your insurance provider.
The Town cannot control these conditions and therefore would not be held liable for your damages.
Should you wish to pursue a claim you must be prepared to provide proof that the Town was negligent in causing the damages you are claiming.
Municipal Trees- If a fallen tree or branch from a municipal tree causes damage to your property and the incident was not foreseeable, it is considered an ‘act of God.’ In these cases, the Town Parks department will remove municipal trees or branches and clean up any tree debris.
Owners of damaged property are responsible for the cost of repairs to their property. If you have home insurance, report the damage to your insurer as soon as possible.
If you see a tree down or any other dangerous situation involving municipal trees, contact our Operations department at 403-851-2590.
Will the Town come out to fix our property?
No. Town crews will not attend private property to conduct repairs. Any repairs on private property are the responsibility of the property owner. Property owners have the right to choose who they use for repairs to their own property.
The Town does not provide or make any recommendations on contractors to be used when fixing private property.
Who will pay for the damages to my property?
This will be determined once your claim has been investigated and liability has been determined.
What should I do if I have suffered an injury and believe that the Town is at fault?
If you are injured, it is important that you seek medical attention as soon as possible. The Town asks that you complete a Notice of Claim form in a timely fashion to avoid any delays.
If there is a hazard that can cause an injury, please contact our Operations department at 403-851-2590.
Do I need a lawyer?
The Town does not provide legal advice or guidance to any person making a claim. It is your decision whether or not to hire a lawyer.
Generally, a person who has been injured in an accident has up to two years from the date of the accident to commence legal proceedings. If you have any questions regarding timing or the legal process, contact a lawyer.
Witness Statement Form
Please notify the Town if you have witnessed a motor vehicle accident or property damage involving Town owned property. This can include: sidewalks, traffic signs, fire hydrants, light standards, guard rails, town trees, or other property damaged by the public.
