1. Can I file a claim with the Comptroller’s Office for damage to my property?
Property owners who believe that the City caused damage to their property can file a claim. If the Comptroller’s Office’s investigation of the claim indicates that the City may be legally liable to the property owner for their losses, the Comptroller’s Office may offer a settlement for the reasonable damages incurred by a claimant.
2. How do I file a claim for property damage?
Property owners who believe that they have incurred property damage as a result of the City’s negligence can file a notice of claim through the Comptroller’s website using one of three available property damage claim forms: (https://comptroller.nyc.gov/services/for-the-public/claims/e-filing/).
Please use the Water Damage Claim Form if your claim involves a sewer back up or water main break.
Please use the Vehicular Property Damage Claim Form if your claim involves damage to your motor vehicle.
Please use the Property Damage or Loss Claim Form for all other property damage claims.
Notices of claim must be filed within 90 days of the date of incident.
Notices of claim cannot be filed by email.
If you have questions about how to file a claim, please refer to our website https://comptroller.nyc.gov/services/for-the-public/claims/general-faqs/ for additional information on filing or you can call our Community Action Center at (212) 669-3916. Our Community Action Center is also available by email at action@comptroller.nyc.gov or through our web portal at https://comptroller.nyc.gov/about/contact-our-office/.
If you are having technical difficulty with the e-filing process, please call (212) 669-4118.
3. Why does the Comptroller’s Office have to perform an investigation into my claim?
Filing a notice of claim is the first step in suing the City of New York for negligence. The law requires that property owners file a notice of claim with the Comptroller’s Office before they file a lawsuit in court. However, the law also allows the Comptroller’s Office to investigate and evaluate claims and offer an early settlement of these potential lawsuits where the City is liable for a claimant’s damages.
Therefore, the Comptroller’s Office performs an investigation to determine whether negligence on the part of the City caused the damages, and to determine the fair and reasonable value of the damages under the law.
4. How does the claim process work?
Filing a notice of claim is the first step in suing the City of New York for negligence. The law requires that property owners file a notice of claim with the Comptroller’s Office before they file a lawsuit in court. The law also allows the Comptroller’s Office to investigate and evaluate these claims, and to offer an early settlement of these potential lawsuits when the City is liable for the damages.
The notice of claim must be filed within 90 days of the incident. After a notice of claim is filed, a claim number will be assigned to the claim and the number will be sent to the claimant. The claimant should refer to this claim number in all communications with the Comptroller’s Office.
Next, an examiner from the Comptroller’s Office will investigate the claim. The investigation involves gathering information from the claimant, the City agency involved, and from other sources. As a claimant, you may be asked for information to support your claim, such as photographs, bills, invoices, estimates, insurance information, etc. You may be required to appear at a hearing to give testimony and provide details about your claim. You may be contacted so that the damaged property may be inspected. The examiner will also seek information from the City agency involved in your claim.
The investigation may take some time.
When the investigation is complete, the Comptroller’s Office will have determined whether the City’s negligence caused the claimed damage and, if so, what the reasonable value of the damage is under the law.
If it is determined that the City is responsible for the damage to your property, the Comptroller’s Office may offer you a settlement by sending you an offer letter and a release. A release is a legal document in which you agree to discontinue your claim for damages against the City in exchange for being paid the offered settlement amount.
You can accept the settlement offer by signing and returning the release within 30 days. If you return the signed release, payment will be mailed to you within 90 days.
If you would like to discuss your claim or the settlement offer, or you need more time to consider the settlement offer, you can call the Comptroller’s Office. The contact information for the examiner handling your claim will be on the offer letter.
Not all claims will settle with the Comptroller’s Office. If you do not want to pursue your claim with the Comptroller’s Office, if the Comptroller’s Office is unable to make an offer of settlement or denies your claim, or if you are unable to reach an acceptable settlement with the Comptroller’s Office, you can pursue your claim as a lawsuit in court. The law places strict timelines on bringing a lawsuit against the City. You must wait 30 days after filing a notice of claim before filing a lawsuit in court. Lawsuits must be filed in court within 1 year and 90 days of the date of the incident.
The Comptroller’s Office cannot settle claims after 1 year and 90 days have passed or after a lawsuit has been filed.
5. How long will it take to resolve my claim?
The investigation of each claim is specific to the facts and circumstance of the claim. Since investigations involve obtaining information from outside sources, the time needed to investigate and resolve claims varies.
Although the Comptroller’s Office seeks to settle claims where the City is liable for property damage, the timeframe to settle a claim is limited to 1 year and 90 days from the date of the incident. Sometimes an investigation cannot be completed in that timeframe and the Comptroller’s Office cannot offer settlement. In order to pursue your claim, you must file a lawsuit in court within 1 year and 90 days of the date of the incident.
The Comptroller’s Office cannot settle claims after 1 year and 90 days have passed or after a lawsuit has been filed.
6. Do I have to pursue my claim through the Comptroller’s claims process?
While you must file a notice of claim with the Comptroller’s Office within 90 days of the incident, you do not have to pursue settlement of the claim through the Comptroller’s Office’s claims process. After 30 days have passed from the filing of your notice of claim, you can file a lawsuit in court. Lawsuits must be filed in court within 1 year and 90 days of the date of incident.
Once a lawsuit is filed, the Comptroller’s Office cannot discuss the claim and all communications must be with the New York City Law Department.
7. Do I need a lawyer to receive a settlement for my property damage claim?
You do not need a lawyer to settle a property damage claim. The Comptroller’s Office regularly settles claims with both represented and unrepresented claimants.
8. What happens if my claim is denied?
If it is determined that the City is not legally responsible for the damage to your property, the Comptroller’s Office will deny your claim. Claimants can further pursue their claims by filing a lawsuit in court. Lawsuits must be filed in court within 1 year and 90 days of the date of the incident.
9. Who can I contact about my claim?
Once you have filed your claim, if you have questions about or want to discuss your property damage claim, you can contact the examiner assigned to your claim. If you do not know who the examiner is or do not have their direct contact information, you can contact the Property Damage Division at PropertyDamage@comptroller.nyc.gov or (212) 669-8750.
The information provided on this website does not, and is not intended to, constitute legal advice; all information and content available on this site are for general informational purposes only.
Settlement offers and settlements do not constitute an admission of liability.