City Claims
Welcome to the City of Memphis Claims Department website. This website is intended to facilitate the reporting of claims presented against the City of Memphis. The website encourages electronic filing of claims. Filing electronically gives users the ability to immediately track progress of claims and allows users to submit claim information quickly and easily. (NOTE: Online claims tracking will only be available for claims filed with the City of Memphis Claims Office after February 17, 2015. Claimants should contact the City Claims Department to inquire about any claim filed before said date).
IMPORTANT INFORMATION FOR THOSE FILING CLAIMS FOR POTHOLE DAMAGE
Please read the following information if you are filing a pothole claim. If you are not filing a pothole claim, please disregard.
Please be advised that the fact that you hit a pothole in and of itself does not make the City of Memphis automatically responsible for any damages. Rather, those claims are governed by Tennessee State law, particularly The Governmental Tort Claims Act, T.C.A. 29-20-101, et seq. The provision of that statute that is applicable here is section 29-20-203. That section reads as follows:
§ 29-20-203. Highways, streets and sidewalks; unsafe conditions
- (a) Immunity from suit of a governmental entity is removed for any injury caused by a defective, unsafe, or dangerous condition of any street, alley, sidewalk or highway, owned and controlled by such governmental entity. “Street” or “highway” includes traffic control devices thereon.
- (b) This section shall not apply unless constructive and/or actual notice to the governmental entity of such condition be alleged and proved in addition to the procedural notice required
What this means is that for the City to be responsible to pay any damages for pothole claims, the City must be shown to have had notice of the pothole (i.e. known that the pothole was in the street) prior to it causing damage to your vehicle. The City also must have had a reasonable time in which to repair the pothole after receiving notice. That time is typically five (5) business days from the time the City obtains notice of the pothole.
In investigating your claim, the Claims Office sends inquiries to the City’s Emergency Management Agency, Mayor’s Citizen Service Center, 311 and Street Maintenance Department. These entities are responsible for collecting reports of dangerous road conditions. If the City did not find out about this pothole until after you hit it or the 5-day period mentioned above had not expired when you hit it, under the law cited above, the City will not pay your claim.
NOTICE OF CHANGES IN STREET MAINTENANCE RESPONSIBILTY
Effective July 1, 2018, The City of Memphis will no longer maintain nor handle pothole claims occurring on State roads and streets within the City limits. The responsibility for handling pothole claims along these streets will shift to the State of Tennessee through the Tennessee Department of Transportation (TDOT). If you have a pothole claim occurring on any of these streets, file your claim with TDOT. The phone number to file your claim is 901.578.4399. You may also obtain a TDOT claim form by clicking here.
The applicable State streets are shown on the map that you may click on below and are marked in red. The interstates are marked in blue and remain the responsibility of TDOT. The map is expandable and allows you to click on it to pinpoint your pothole location to help insure you file your claim in the appropriate office.
Once your electronic form is processed, City Claims personnel will contact you. If you have questions, please contact the Claims Department at
(901) 636-6616.
FAQ
How do I file a claim with the City of Memphis?
Click HERE
What types of claims does the City of Memphis Claims Department?
The City of Memphis Claims Department processes liability claims filed against the City of Memphis involving property damage, property loss or bodily injuries.
When filing a claim online, you will be prompted to select one of the following two types of claim forms:
- Auto Collision Claim Form – Select this claim form if you are claiming property damage or bodily injury due to an auto accident involving a City vehicle.
- Non-Auto Collision Claim Form – Select this claim form if you are claiming property damage or bodily injury for any accident or incident that does NOT involve an auto collision with a City vehicle (e.g. vehicle damage from a road condition, sewer backup, etc.).
How may I submit documents through this website?
You will be prompted to upload attachments before submitting your completed claim form electronically.
What documents do I need to submit with my claim?
Any claim filed against the City of Memphis requires a copy of a state-issued ID (ex. Driver’s license) for an individual or a W-9 form for a business or company.
Property damage/loss claims require two legitimate estimates of damages or receipts/invoices of damage repairs.
Bodily injury claims require complete unaltered copies of all medical bills and records from treating physician(s) or other proof of expenses that may have been incurred as a result of an injury.
Other preferred documents include police reports and photographs of damages to support a claim.
In order for the City Claims Dept. to thoroughly investigate a claim, a claimant should submit any documents that support his/her claim. Depending on the nature of the claim, the claimant may be requested to submit other supporting documents not listed above.
What are the City’s claims procedures?
- Once your claim has been submitted electronically, you will receive a confirmation message which includes your claim number for your reference. This message also advises that your claim has been submitted successfully.
- Your claim will be assigned to an analyst. Once your claim is assigned to an analyst, you will be notified via e-mail.
- An investigation will be conducted upon our receipt of all required claim information.
- You will be contacted by our office upon the completion of your claim’s investigation.
What if more than one claim arises from an accident/incident?
Each individual must file a separate claim. Claims are not combined.
May I check the status of my claim?
Yes. If you filed your claim electronically, you may monitor the progress of your claim by clicking HERE
How will I be notified if my claim will be paid or denied?
Filing a claim against the City of Memphis should not be construed as an acceptance or a denial of your claim. After your claim is investigated, the City Claims Department will notify you of your claim’s disposition via mail or e-mail.
Can I appeal my claim if it is denied?
No. The City Claims Department has no appeals process.
How long does it take to process a claim?
The City Claims Department takes a proactive approach in handling and processing claims. All claims are investigated as soon as possible once all required documents have been received. Filing a claim manually extends the process time due to the time it takes for a claimant to receive and submit a claim via mail. You will be contacted by the City Claims Department upon completion of your claim’s investigation.
How are claims regulated?
The Claims Agent, under the authority of the City Attorney, oversees all claims processed by the City Claims Department. Claims are governed by the Tennessee Governmental Tort Liability Act (GTLA). For some claims, the GTLA requires that the City has prior notice of the condition, such as pothole claims and sewer backups.
DISCLAIMER
This website is controlled by the City of Memphis. This website is identical in look and feel to the City’s official site, and all policies applicable to the official City site are applicable to this site, except as set forth below. By using this online service or by filing manually, users are agreeing to the following terms:
- The acknowledgement of this claim in no way waives the immunity of the City of Memphis, as governed by the GTLA, nor is it an admission of liability on behalf of the City of Memphis and/or its employee(s).
- *The filing of false claims may result in the denial of your claim.
- The affirmation that users have read and understand the above-mentioned statements in regards to accessing the City of Memphis Online Claims Reporting System or filing manually.
