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Legal Department
Filing a Claim
NOTICE OF CLAIM FOR DAMAGES
Article IX, Section 11, City Charter, City of Houston, Notice of Claim for Damages
“Before the City of Houston shall be liable for damages for personal injuries of any kind, or for injuries to or destruction of property of any kind, the person injured, or the owner of the property injured or destroyed, or someone in his behalf, shall give the mayor and city council notice in writing of such injury or destruction, duly verified, within 90 days after the same has been sustained, stating in such written notice when, where and how the injury or destruction occurred, and the apparent extent thereof, the amount of damage sustained, the amount for which claimant will settle, the actual residence of the claimant by street and number at the date the claim is presented, and the actual residence of such claimant for six months immediately preceding the occurrence of such injuries or destruction, and the names and addresses of the witnesses upon whom he relies to establish his claim, and a failure to so notify the mayor and city council within the time and manner specified herein shall exonerate, excuse and exempt the city from any liability whatsoever, provided that nothing herein shall be construed to effect or repeal section 12 of Article IX of this Charter. (Act of 1905, as amended October 15, 1913).”
Procedures to follow when filing a claim:
- Provide the information required in Article IX, Section 11, Notice of Claim for Damages, referenced above, in writing and sign the letter before a Notary Public; and
- Mail letter, with the following attachments (i) three property damage estimates, (ii) photographs of damage, if any, (iii) accident report, if available, (iv) photocopy of Certificate of Title of damaged vehicle, and (v) photocopy of medical bills, if any, and (vi) doctor’s narrative, to:
City Secretary’s Office |
With a copy provided to City Attorney’s Office Facsimile No.: 832.393.6259 |
FREQUENTLY ASKED QUESTIONS
Will the City reimburse me for damage to my vehicle caused by a pothole or an object on a City street?
No. Texas law determines whether the City and other governmental entities in the State of Texas can pay for damage caused by a pothole or an object in the street. Under State law, the City is not liable for property damage caused by the condition of its streets.
Will the City reimburse me for the cost to repair and clean sewage from the interior of my residence which resulted from a clogged sewer line?
No. Texas law determines whether the City and other governmental entities in the State of Texas can pay for these claims. Under State law, the City is not liable for property damage caused by a defective or clogged sewer line.