Submit a claim if your vehicle is damaged and MTO is responsible

Please be sure to submit your claim within 10 days of the incident occurring. It is also important to note that there is a two-year limitation period to bring action (i.e. begin a legal proceeding) regarding such claims.

MTO is responsible for maintaining all roads under its jurisdiction – including major highways like the 400 series. Not all roads fall under provincial jurisdiction. City streets are generally the responsibility of the municipality in which they are located. County and regional roads are often the responsibility of the relevant county or regional government. You may want to confirm jurisdiction over the road you were travelling before submitting a claim to make sure you are dealing with the correct road authority. Simply conduct an Internet search. Submitting your claim to the correct road authority first will save you time in getting a response.

The province is responsible for maintaining its roads to a reasonable standard. Submitting a claim for damage does not imply that you will necessarily receive compensation. Your claim will be thoroughly reviewed and a response will be provided. The review typically takes several weeks to complete. In the meantime, common law requires you to mitigate your damages. You may wish to report your claim to your insurer who may have a contractual obligation to you to repair your damage right away. Your insurer can then seek reimbursement from the Ministry on your behalf.

Your insurer may be obligated to pay the full replacement cost of your damaged vehicle. Your claim against MTO is not based on a contract but on common law principles.

Download this form to submit a claim (PDF, 1.64 MB)

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