Claim for Damages

The Kansas Tort Claims Act, K.S.A. §12-105b, requires specific information to be included in a claim filed against the City of Wicita. The Claim for Damages form includes the information you must provide in order to meet the requirements of the Kansas Tort Claims Act.

You must show proof that you are the owner of the damaged vehicle before the City of Wichita will consider any payment to you relating to the vehicle.

If your automobile, health, or homeowner's insurance company made a payment relating to your claim, your insurer may seek to be reimbursed for the amount it paid. Please ask your insurance company for further details.

Each claim is evaluated based on the specific facts of the incident and the applicable law. Generally, the City of Wichita will be responsible for a claim resulting from the negligence of a City of Wichita employee acting within the scope of his or her employment.

Additionally, the City of Wichita may be liable for damages resulting from a defective condition of property, if the City is reponsible for that property. In those instances, the City of Wichita must have had prior notice of the defect, but did not repair the defect or take reasonable steps to prevent any damage before the damage occurred.

Please be aware that Kansas law provides various exemptions from liability for the City of Wichita under certain circumstances. Some of the common exemptions are listed below:

1. State Highways and Interstate Highways. Maintenance of State Highways (e.g., K-15, K-42, K-96, and K-254) and U.S./Interstate Highways (e.g., I-135, I-235, and U.S. 54/400/Kellogg Ave.) within the City of Wichita city limits is the responsibility of the Kansas Department of Transportation, (785) 296-3566, not the City of Wichita. Please see the attached map for more details.
   
2. Public Parks and Golf Courses. Generally, the City of Wichita is not responsible for damages or injuries that result from the use of a public park, public playground, or other public areas used for recreational purposes, such as the City of Wichita's five municipal golf courses. Additionally, the City of Wichita is not responsible for damages resulting from golf balls that were struck by municipal golf course patrons.
   
3. Water Utilities Service Lines. Maintenance and repair of water service lines on the property owner's side of the water meter are generally the responsibility of the owner of the property, not the City of Wichita.
   
4. Sewer Backups. The City of Wichita is not responsible for sewer water backups resulting from sewer line blockages caused by other residents discharging Fat, Oils, and Grease (FOG) and other materials into the sewer system.
   
5. Tree Limbs. The City of Wichita is generally not responsible for damages caused by falling tree limbs due to naturally occurring conditions such as storms, winds, or ice/snow.
   
6. Sidewalk Cracks and Street Potholes. The City of Wichita is not responsible for damages resulting from tripping over sidewalk cracks or driving over street potholes if the City did not have prior notice of the condition in the sidewalk or street. Additionally, the City of Wichita is not responsible for damages resulting from tripping over slight defects or minimal variances in sidewalks.
   
7. Work Performed by Contractors for the City of Wichita. There are many local businesses that perform contract work for the City of Wichita, and some of the work performed by those contractors includes street repair and construction, repairing or replacing water service lines, and lawn maintenance. Those businesses are generally responsible for any damages that may result from their performance of the contract work for the City of Wichita.
   

The Kansas Tort Claims Act, K.S.A. §12-105b, provides that the City of Wichita may respond to a claim within 120 days after the claim has been filed. However, in most cases the City of Wichita will reach a decision and send a response within six to eight weeks. More complex claims may require up to the full 120 days.

Please direct all inquiries about your claim to the City of Wichita Law Department at (316) 268-4681.

You are responsible to pay for any bills or expenses you have incurred. If the City of Wichita offers a payment relating to your claim, and you accept the offer, payment will be delivered to you, and it will be your responsibility to pay any outstanding bills or expenses from the settlement amount.

If you have received a denial by the City of Wichita that you do not agree with, you may seek a consultation with a private attorney at your own expense to explore your next options, which may include litigation.