Washington DC Notice of Claim (12-309)

Introduction

Key Things to Know

1. 1

   The deadline is strict. Written notice is due within 6 months after the injury or damage was sustained (D.C. Code 12-309(a)), and the Office of Risk Management must RECEIVE it within that time. Mailing it on the last day is not enough. Read the statute or contact the Office of Risk Management to confirm the current rule.

2. 2

   The District is the only local government, so one rule covers claims against the District, its agencies and its departments. There is no separate county or city track.

3. 3

   The statute addresses the notice to the Mayor, and receipt is delegated to the Office of Risk Management (Mayor's Order 2004-10), the only office authorized to accept these letters. The claimant, an agent or an attorney may give the notice.

4. 4

   The Office of Risk Management accepts notices through its eFiling Portal, by first-class mail or by hand delivery. It does not accept fax.

5. 5

   The notice states the approximate time, place, cause and circumstances of the injury or damage (12-309(a)). The Office of the Attorney General also lists the claimant's identity and contact information among the five items it says are required.

6. 6

   A written report by the Metropolitan Police Department, made in the regular course of duty, is a sufficient notice under 12-309. Ask the Office of Risk Management whether a report exists for your incident before relying on it.

7. 7

   The Office of the Attorney General says an acknowledgement letter with a claim number and the name of the assigned investigator is sent within approximately 30 days of receipt. The notice does not replace the lawsuit: general limitations periods under D.C. Code 12-301 still apply, such as 3 years for injury to property (12-301(3)).

Washington DC Requirements for Notice of Claim

• Six-Month Notice Deadline

  D.C. Code 12-309(a): written notice of a claim for unliquidated damages is due within 6 months after the injury or damage was sustained.

• Receipt Within Six Months

  The Office of Risk Management must receive the notice within the 6 months; mailing alone does not meet the deadline.

• Recipient

  The notice is given to the Mayor (12-309(a)); receipt is delegated to the Office of Risk Management (Mayor's Order 2004-10), the only office authorized to accept it.

• Delivery Methods

  Office of Risk Management eFiling Portal, first-class mail or hand delivery. Fax is not accepted.

• Required Contents

  State the approximate time, place, cause and circumstances of the injury or damage, plus the claimant's identity and contact information.

• Police Report as Notice

  D.C. Code 12-309: a written report by the Metropolitan Police Department, in the regular course of duty, is a sufficient notice.

• Suit Limitations

  D.C. Code 12-301: general limitations periods apply to the suit, including 3 years for injury to property (12-301(3)) and residual claims (12-301(8)).