If you wish to file a claim against the City
of
Columbus
, Please consider the following information.
Ohio
Revised Code (Chapter 2744) defines the method of handling claims against political subdivisions.
Under Ohio Law, political subdivisions are not liable in many cases. However, the
City can be liable for claims involving motor vehicle accidents (except for emergency
runs) problems with streets, public buildings and grounds, and some propriety functions.
The law of sovereign immunity is complicated. If you are not sure whether the City
is liable for your injury or damage, please submit your information to the City
Attorney’s Office or the Department in question.
Even if
the City of
Columbus
is liable for your injury or damage,
Ohio
Revised Code Section
2744.05 defines limitations
on damages awarded. If a claimant receives or is entitled to receive benefits (for
injuries or loss allegedly incurred) from a policy or policies of insurance, that
amount will be deducted from any award the political subdivision may consider paying.
This means that even if the City is at fault, you must file a claim with your own
insurance company first for property
damage or medical injury before you file with the City. The City would then be responsible
for such items as your deductible.
Ohio Revised
Code, 2744.05, states that no insurer or other person is entitled to bring an action
under a subrogation provision of insurance or other contract against a political
subdivision with respect to those benefits.
If you wish to file a claim against the
City of
Columbus
for property damage or personal injury, please follow this procedure:
1)
Submit a claim to your own insurance company.
This is necessary under
Ohio
Law.
(If damage is less than deductible, there is no need to submit to insurance). Deductible
page is still required when filing the claim.
2)
You should submit your
claim directly to the City Division / Department involved. See
Department / Division claims office phone list and E-mail addresses
below.
Department / Division Claims Office Phone List
The Division/Department involved will do
a preliminary investigation. If the Division/ Department feel your claim has
some merit, they will either process your payment or, it will be referred to the
City Attorney’s office for further investigation. If the Division/Department
involved and the City Attorney’s office agree that the City will accept
liability, the City Attorney’s office will contact you; acknowledge the claim,
and make settlement arrangements. If your claim is denied, the
Division/Department will contact you with a denial to your claim. If you are not
satisfied with the denial, your recourse is to file a lawsuit against the City.
There is no established appeal process for the denial of claims.
3)
Your claim should include:
A)
Information indicating the filing of a claim with your insurance company including
the amount of the claim, name of the insurance company, and adjuster, and the amount
paid by the insurance company. Also, provide evidence as to the amount of your deductible
by sending a copy of the declarations page of your policy.
B)
A written, notarized statement supporting the claim for which you are seeking recovery,
including date, location, persons and property involved.
C)
Documentation of your claim:
a)
Certificate of Title showing ownership of the vehicle.
b)
If medical expenses are being claimed you will need to send copies of the bills
to us after they have been submitted to your health insurance company or your automobile
insurance company (under the medical portion of your policy) detailing what was
covered by your insurance and how much the outstanding balance is.
c)
If property damage is a vehicle, send a copy of the declaration page (showing the
deductible amount and your total coverage) from your insurance company. If you only
have liability insurance coverage you will need to submit (2) repair estimates with
your claim.
d)
Evidence of any other amounts you are claiming. (Include all receipts).
e)
Names of persons you have communicated with regarding this claim.
D)
If you do not have medical, vehicle, or property damage insurance, you
must fill out, and have notarized, an affidavit form stating that
you do not have coverage.
Once complete information on a claim is received, an investigation
will begin to determine if the City is liable. All of the above information is necessary
to start the investigation.
Please submit insurance information
and your statement of the claim immediately. A written statement for the total amount
of the claim must be provided.
If the City is liable, the City will write you a check,
not an insurance company. That process may take 4 to 6 weeks. You
will be asked to sign a Release and Agreement and a W-9 form, and return them to the City Attorney’s
Office, Claims Division.
Hopefully, this has answered all of your questions;
however, if you still need assistance, you can call the City Attorney’s office and
speak to one of the legal investigators listed below.
Leslie Chappelear
Legal Investigator
(614) 645-7984 E-mail:
lchappelear@columbus.gov
Ashiko Hudson Legal Investigator
(614) 645-8603
E-mail:
aahudson@columbus.gov
To Download a copy of the various claims forms, or fill out an electronic copy,
please see the links below
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