You may submit a claim with the Ministry of Transportation (MTO) if you meet all of these conditions:

  • your vehicle was damaged on a road maintained by the province
  • the provincial government is responsible for the damage because the road was not maintained to a reasonable standard
  • the claim is submitted within 10 days of the incident

Before you submit

Do an internet search of the road you were travelling on to determine the correct road authority.

City streets are generally the responsibility of the municipality in which they are located. County and regional roads are often the responsibility of counties or regional governments. MTO is responsible for maintaining all roads under its jurisdiction including major highways like the 400 series.

Submit a claim online

You can complete a damage claim report form online or by using the PDF form.

Time limits

In addition to submitting the claim within 10 days of the occurrence, there is a two-year time limit (called “limitation period”) for a claim to be brought to action, for instance, for a legal proceeding to begin.

After submitting a claim

Submitting a claim for a damaged vehicle does not imply that you will necessarily receive compensation. We will thoroughly review your claim and send you a response. The review typically takes two to four months.

During this time, you may wish to report your claim to your auto insurer who may be required to repair your damage. Your insurer can then seek reimbursement from MTO on your behalf.

Your insurer may be obligated to pay the full replacement cost of your damaged vehicle. If your claim against MTO is accepted, damages will be subject to depreciation and betterment. That means the amount you receive from the claim may be a percentage of the replacement cost depending on the evaluation of the claim.