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Tort Liability Claim

The Office of Risk Management receives, investigates and resolves claims filed against the District of Columbia. Effective January 20, 2004, the Mayor has delegated to the Office of Risk Management the authority to accept notice of claim letters.  Individuals can file tort liability claims against the District of Columbia for property loss, damage, or personal injury.

Pursuant to §12-309 of the DC Official Code (2001) an action may not be maintained against the District of Columbia for unliquidated damages to person or property unless, within six months after the injury or damage was sustained, the claimant, his agent, or attorney, has given notice in writing to the Mayor of the District of Columbia of the approximate time, place, cause and circumstances of the injury or damage.

If the statutory requirements of § 12-309 are not satisfied, the claim will be denied.

Under certain circumstances, reports of the Metropolitan Police Department may also satisfy the notice requirement provided that they contain all of the information required by the statute.
                           
Tort claims can be hand delivered or mailed to:
                                                DC Office of Risk Management
                                                One Judiciary Square
                                                441 4th Street NW, Suite 800 South
                                                Washington, DC 20001

Claim Forms

An incident occurs in the District to an individual:

Claims are accepted by hand delivery and US mail only. Claims are not accepted by email, fax, or phone. Claims submitted in the form of a letter must contain the following information: 

  • Name, address, day and evening phone numbers
  • SSN or tax ID (optional) *(not required to file a claim but required if payment is issued) and DOB
  • Date and time of incident, exact location of incident and/or loss
  • The cause of the damage or injury or circumstances under which the damage or injury was sustained (explain, in detail, why the District of Columbia should be liable for the damage or injury).

Please include with your notice of claim, any and all relevant documents you may possess, for example:

  • Any police or other reports related to your claim
  • Documents showing ownership at the time of the damage and original cost of damaged items
  • Estimates for repairs (including two for vehicular damage)
  • Proof of payment for repairs to damaged property
  • Photographs of any damage
  • Medical bills and/or medical reports.

Upon receipt of a notice of claim, the Office of Risk Management Program Analyst:
Upon receipt of a notice of claim, the Office of Risk Management Staff Assistant: 

  • Enters data into claims management system
  • Creates a file, generates a claim number and assigns the claim to an adjuster
  • Upon opening of a claim an acknowledgement letter will be sent to the claimant providing the claim number and the identity of the claim adjuster assigned to the claim

The Office of Risk Management’s Claim Adjusters:

  • Contacts the claimant and the parties involved
  • Contacts the District agency involved for internal reports and investigative information.  Please note this process may take up to 30-45 days.
  • Gathers and inspects all relevant information regarding claim: photos, quotes, estimates, witness statements, etc.
  • Enters additional information/investigation details into claims management system
  • Makes the determination to accept or reject the claim

Determination:
If the claim is accepted by the Office of Risk Management:

  • The claim is negotiated for settlement with the claimant or their representative.
  • A settlement packet (i.e. settlement agreement, release, etc.) is forwarded to the claimant or their representative for date and signature.
  • Upon receipt of a properly signed and dated settlement packet by the Office of Risk Management the forms are reviewed and forwarded to the responsible agency for payment consideration and check issuance.  Please note this process may take up to 30-45 days.

If the claim is denied by the Office of Risk Management:

  • The claimant will be mailed a written explanation that their claim has been denied.
  • The claimant may still proceed with their claim by filing a civil action in the DC Superior Court.
     

 

Service Contact: 
Office of Risk Management
Contact Phone: 
(202) 727-8600
Contact Fax: 
(202) 727-8319
Contact TTY: 
711
Contact Suite #: 
800 South
Office Hours: 
Monday to Friday 8:30 am to 5:30 pm
Service Location: 

441 4th Street, NW

GIS Address: 
441 4th Street, NW
City: 
Washington
State: 
DC
Zip: 
20001