Small Claim Instruction
Regional offices of the New York State Department of Transportation (the Department) are the
primary contact for those seeking reimbursement through the Small Claims process. Specific
contact information for each region is as listed on the reverse side of these instructions
The Department of Transportation is authorized to pay for damages, up to a maximum of $5,000
(Small Claims), where the damages are found upon investigation to have been caused by the
negligence of the Department or one of its employees. Claims in excess of $5,000 can not be
handled by the Department as a Small Claim.
Damages in excess of $5,000 must be pursued by initiating an action in the Court of Claims. For
timely filing, the Court of Claims Act mandates a maximum of 90 days between the date of loss
and the filing of a Notice of Claim. You are advised to seek assistance of an attorney for further
information regarding the Court of Claims and the proper filing of a claim against the
Department for damages in excess of $5,000.
In the event that your damages do not exceed $5,000, please read these instructions carefully and
follow the process described.
Step 1. Complete the attached Small Claim form (DC30-2) by filling in all of the requested
information and providing all additional documentation referenced in the body of the
DC30-2. Incomplete submissions will not be accepted by the Department.
Step 2. Determine in which region of the Department your damages were sustained. This
would be the appropriate Regional Office for the following step.
Step 3. The completed DC30-2 form must be submitted to the appropriate Regional Office as
listed on the reverse of these instructions or your Small Claim processing will be
delayed. Once your Small Claim is submitted, the Department will conduct an internal
investigation of the facts relating to your claim.
Step 4. Departmental staff conducts an internal investigation, at the direction of the
Department’s Office of Legal Services, into the facts and circumstances involved in
your loss. Depending on the specific situation, this investigation may take some time.
The materials developed by staff in this investigation are privileged and confidential
and are not available through the New York Freedom of Information Law (FOIL).
Step 5. Based upon the investigation, if it is determined by Department’s Office of Legal
Services that the Department was not negligent and is not liable for your damages, a
written explanation of the reasons for this determination will be sent to you. If a
determination of Department liability is made, the necessary vouchers and releases will
be sent to you.
Once this paperwork is completed by you and returned to the
Department, it generally takes between six and eight weeks before you will receive a