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City Solicitor responding to #200048 re: compensating property owners for damages incurred by city plows.
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Official Text
Dear Honorable Board Members:
You have asked me to advise you as to what compensation can be given to property owners for property damage incurred as a result of City plow trucks.
The City of Somerville is self-insured for liability claims received pursuant to M.G.L. c. 258. Massachusetts General Laws, Chapter 258, the Massachusetts Tort Claims Act, is the governing statute for such claims.
A property owner who alleges to have suffered property damage as a result of the negligent operation of a City of Somerville plow may choose to either 1) submit a claim through their property insurer, which insurer may and generally will subrogate against the City as to claim payments made by it to the property owner/insured, or 2) a submit a claim on their own behalf against the City of Somerville directly. Such a claim must be filed within 2 years of the date of the incident. The City may be liable for property damages when caused by the negligent or wrongful act or omission of any public employee while acting within the scope of his or her employment. After investigation and evaluation by the Law Department, property damage claims that are determined to have validity are either settled, paid through the Law Department’s Judgments and Settlements Account, or if the parties cannot agree on the value of the claim may go to trial.
Please contact me if you need any other information or have any further questions in this matter.
Sincerely,
/s/ Francis X. Wright, Jr.
City Solicitor