Holding municipality liable

There are two types of damages for which you can file a claim:

• Damages you have suffered because of something the municipality has done.
• Damage caused by the municipality's failure to properly maintain roads, squares, public green spaces and structures.

The municipality assesses your claim for damages. If the municipality also finds that it is liable, you will be compensated for the damage (or part of it).

Report damage first to your own insurer if you have insurance that covers the type of damage you suffered. This insurer will then recover the payment from the municipality. If you have legal expenses insurance, they can hold the municipality liable on your behalf.

If you are not insured, submit the claim to the municipality yourself. In your claim, put the following information:

• description of the event (with place, date and time)
• why you are holding the municipality liable
• description of damage
• the loss amount
• names of specialists who reviewed your claim
• your name, address and phone number
• The account number (IBAN) into which any compensation can be paid

You can submit your claim digitally. To do so, fill out our 'liability claim submission form'. You will need DigiD for this. 

Submit damage claim digitally

Are you unable to submit the claim digitally? Then you can also send a letter to the municipality.

Send your by mail letter to: 

Municipality of Kerkrade
Attn: Cluster Support Urban Management
Postbus 600, 6460 AP Kerkrade

Include at least the following information in the letter:

• description of the event (with place, date and time)
• why you are holding the municipality liable
• what damage you have suffered
• the loss amount
• names of specialists who reviewed your claim

Does the municipality find that your damage was caused by the municipality not acting properly? Then you will be reimbursed for your expenses.

• proof of damages incurred
• proof of the amount of damage incurred e.g. a bill of repair
• explanation of what happened and how the damage occurred, for example, a police report in an accident
• possibly a signed witness statement
• possibly photos

The municipality may ask you for additional information. You will be notified of this within two weeks.

• You will receive a written confirmation with a claim reference.
• The municipality may ask you for additional information. You will then receive a letter about this (usually within 2 weeks).
• You will be notified (usually within 6 weeks after all information is complete) if the municipality has been able to determine a position or if more time is needed.
• If the municipality acknowledges your liability, you may receive compensation or partial compensation.
• If the municipality rejects your liability claim, you will receive a rejection letter with an explanation.

In the Municipality's Liability Knowledge File, you will find extensive information, including information on citizens' own responsibility and situations in which the municipality is not liable.