Municipality hold liable for damages
If you have suffered damages because of the municipality, you can hold the municipality liable. You file a claim with the municipality.
Approach
This is how you hold the municipality liable:
- you contact the municipality
- you pass on:
- date and time of the incident
- the exact spot where it happened
- Proof of the damage incurred (such as a bill of repair)
- statement of the incident, explaining how the damage occurred (such as a police report in an accident)
- possibly a witness statement
- possibly pictures of the situation
- your name and address
- your phone number where you can be reached during the day
- your email address
We will send you an acknowledgement when your liability claim is received. If your claim is covered under the insurance policy of municipality , we will submit your claim to the insurance company. Most claims are covered under the policy. For example, a damage from falling trees, loose paving stones or holes in the road. The insurance company will handle the claim and let you know if you will receive compensation for the damage.
Description
You may suffer damages from the municipality. For example:
- an accident caused by a paving stone lying incorrectly
- a car accident due to a slippery road surface
- damage by a garbage truck or other vehicle of the municipality
You can then hold municipality liable. The municipality will assess whether it is indeed liable for the damage. If so, you will receive partial or full compensation for your costs.
Terms
You can hold municipality liable for damages caused by such things as:
- poor maintenance of, for example:
- municipal buildings
- municipal roads, squares or public green spaces
- the sewage system
- negligence of a contractor commissioned by the municipality
- failure to take measures such as posting warning signs to prevent an accident
The municipality is not liable if:
- you ignored warnings or other measures from the municipality
- the municipality was not yet aware of the situation
- the municipality was only briefly aware of the situation and could not yet take action
Objection and appeal
You cannot appeal to the municipality. If you disagree with the decision of the municipality, you can take the case to the civil court. Would you like more information? Then you can contact the Legal Help Desk.