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Claims
Claims Procedure
I. From time to time citizens believe it appropriate to make a financial claim against the Town of Herndon. These cases arise when citizens believe that they were injured, or that their property was damaged, by an act or omission of the Town. The purpose of this Claims Procedure is to provide a guide to citizens for the filing of claims against the Town. The Town Attorney is not here providing, and may not ethically provide, legal advice to citizens in these cases. Citizens should contact their own attorneys about their claims.
II. To make a claim against the Town, citizens should print and send, deliver, or fax a claim form to the Town Attorney within six months after occurrence of the event giving rise to the claim. You may also submit the claim electronically by using the eclaim form. The statement should describe the nature of the claim (for example, whether for property damage, bodily injury, or death), and the date, time, and place at which the damage, bodily injury, or death is alleged to have occurred, or to have been received. Please see ยง 15.2-209, Code of Virginia, as amended, for more complete information.
III. The Town generally refers claims to the Town's insurance carrier. The carrier will refuse to pay a claim if law does not support the claim. The Town is protected by the doctrine of governmental immunity in many cases, and is simply not liable for claims covered by this doctrine. The Town retains a small number of claims to handle itself; and the same principles that apply to the insurance carrier apply to the Town. Please consult an attorney concerning these principles because they are simplified and condensed here.
IV. If the insurance carrier or the Town denies your claim against the Town, you may assert your claim in court. Please consult your attorney in this situation.
V. The Town Attorney will respond to general questions about the claim procedure. However, the statements of the Town Attorney will not likely go beyond the information contained here. Please contact your attorney for legal advice concerning a possible claim against the Town.
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