Despite MnDOT’s best efforts, there may be times when you experience loss of or damage to your property or are injured on a State Highway or on other MnDOT property. MnDOT may be liable for your loss, damage, or injury if MnDOT was negligent in taking or not taking an action.
Negligence Law
MnDOT’s liability for tort claims is determined according to the Minnesota Tort Claims Act. The Minnesota Tort Claims Act also sets out exceptions to liability, which are known as “immunities.”
Most tort claims are claims of negligence. Under Minnesota law, a party is negligent when it breaches a legal duty to another party, directly causing damage to the other party. In the context of claims related to the condition of a highway (such as potholes and debris on the road), MnDOT is negligent ONLY if MnDOT had prior notice of the condition and a reasonable period of time to repair, correct, or warn of the condition.
If MnDOT was negligent, MnDOT will compensate you for documented personal injury and property damages. Other damages, such as lost wages, mental anguish, and punitive damages are not compensable, as provided by the Minnesota Tort Claims Act.
Generally speaking, MnDOT is not negligent for damages or injuries caused by weather-related conditions (such as ice, snow, and flooding) or for damages caused by a claimant’s own negligence, the negligence of another party, or the negligence of a MnDOT contractor.
Claims involving a MnDOT vehicle
If your claim pertains to damage or injury involving a MnDOT snowplow truck, mower, or other MnDOT vehicle, your claim will be handled by Department of Administration Office of Risk Management. Please do not use the MnDOT tort claims process to submit a claim involving a MnDOT vehicle. If you believe that you have a claim against MnDOT for damage caused by a MnDOT vehicle, please submit your claim to the Office of Risk Management. Information on how to submit a claim may be found at Office of Risk Management - Insurance / Minnesota.gov (mn.gov).
Submit a Tort Claim to MnDOT
If you believe that MnDOT was negligent, causing damage or injury to you or your property, please follow these steps to submit a tort claim to MnDOT.
Step One: Verify that your damage, loss, or injury occurred on a state highway or in MnDOT’s right-of-way
This information can be verified by contacting the MnDOT District Office for the district in which your damage occurred. District contact information can be found on the MnDOT District website.
The District Office staff will help you determine whether your damage occurred on a State Highway or within MnDOT’s right-of-way. The District Office will also gather information from you, so they can make any necessary repairs to MnDOT’s infrastructure or to take action to warn of the condition on the State Highway or in MnDOT’s right-of-way. Please be aware that, when you communicate with the District Office, you are not making a tort claim against MnDOT. You must still submit a tort claim form and supporting materials, as described in Step Two below.
MnDOT is not responsible for damage or injury that occurred on a city street, county highway, or county road. If your damage occurred on a city street, county highway, or county road, you will need to contact the city or county in which your damage occurred. City and county contact information can be found by clicking on the link to the city websites and county websites on the left margin of this page.
Step Two: Complete and submit the tort claim form and supporting materials
You must submit a tort claim form to the MnDOT Tort Claims Office using MnDOT’s online claim form or by submitting a paper claim form (instructions below). In addition to the completed tort claim form, you will need the following items:
- A paid itemized invoice and/or receipt detailing the work done and costs to repair the damage OR two written estimates detailing work to be done and costs to repair the damage;
- Photographs of damage (if available); and
- Any other documentation that directly supports your claim (such as a police report).
- If you are claiming personal injury, the Tort Claims Coordinator will reach out to you to discuss what documentation will be required to support your injury claim. The required documentation will include, but may not be limited to, medical bills, medical records, and insurance information.
Online Claim Form
Complete the online Claim Report and Demand form. Provide as much detail as possible about your claim. When you have completed the online claim form, you will be required to acknowledge that the information you are submitting is true and correct by checking “I agree,” which represents your electronic signature and your agreement that your claim is truthful and correct.
Paper Claim Form
Download a copy of the Claim Report and Demand form. Complete the form, providing as much detail as possible about your claim. You are required to sign and date the form. Send the completed form, along with any supporting materials, to Office of Chief Counsel, Tort Claims at the email address or street address below:
OR
Minnesota Department of Transportation - Office of Chief Counsel, Tort Claims
Mail Stop 140
395 John Ireland Blvd.
St. Paul, MN, 55155
Step Three: MnDOT will investigate and respond to your claim
Once your claim has been received, the MnDOT Tort Claims Office will contact you to request any additional information that may be needed and to provide you with your claim number. The MnDOT Tort Claims Office will work with the appropriate MnDOT District Office to gather information about the circumstances related to your claim. In some instances, the MnDOT Tort Claims Office will require an independent appraisal of your damaged property at MnDOT’s expense. The MnDOT Tort Claims Office will analyze all the available information related to the claim, determine whether MnDOT was negligent, and notify you by letter of MnDOT’s decision to pay or deny your claim.
In most instances, you will receive a decision within six weeks of MnDOT’s receipt of your claim. If MnDOT agrees to pay your claim, additional time will be necessary to complete the settlement process. You will be required to sign a settlement agreement and release relating to your tort claim before MnDOT will issue payment to you.
Questions?
Please contact the MnDOT Tort Claims Office by email at TortClaims.DOT@state.mn.us or by phone at 763-453-3367.