Nys Department Of Transportation Small Claims Form printable pdf download

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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

check.

DC30-2 (4/15)

Nys Department Of Transportation Small Claims Form