WRC Sewer Backup Overview
Download the Water Resources Commissioner (WRC) Sewer Backup brochure for helpful information about sewer backups.
Filing a Claim Against the City
The City of Birmingham is a member of the Michigan Municipal League Liability & Property Pool (MMLLPP). The claims service administrator for the MMLLPP, Meadowbrook Claims Service, is specifically responsible for the administration of claims on behalf of the MMLLPP and its members. Therefore, each claim received by the City is submitted to Meadowbrook Claims Service for a determination of liability, and to handle the adjustment and payment, if any, for the claim.
Any statements or promises made to you concerning your claim by any other City employee or agency are unauthorized and are not binding.
Personal Injury and Property Damage Claims (Other Than Sewer Backup Claims)
A claim can be considered only after it is filed in writing with the City. Fill out the Claim Form and send the completed form, along with any supporting documentation to:
City of Birmingham
PO Box 3001
Birmingham , MI 48012-3001
Attn: City Manager's office or email email@example.com.
Your claim cannot be considered until all necessary information has been received in order to allow claims administration to perform a thorough investigation of the facts of the claim. Because of the procedures that must be followed, some time must elapse between the filing and final disposition of your claim. Please be assured that as soon as you provide the necessary information, your claim will be promptly considered and you will receive a response on your claim.
If you have any questions or would like more information, please call 248.530.1807.
Sewer Backup Claims
In January 2002, a new Michigan law on municipal liability for basement flooding went into effect. Public Act 222 of 2001 requires claimants seeking compensation for physical injury or property damage as a result of a sewer-disposal or storm-water-system event to show:
- the City's sewage-disposal system had a defect;
- the City knew, or reasonable should have known, about the defect;
- the City did not remedy the defect in a reasonable time;
- the defect caused the event and the property damage or physical injury;
- the claimant owns, and has shown the value of, any damaged personal property;
- and the claimant notified the City.
Claimants must comply with statutory notice requirements. A claimant who has been injured or has suffered property damage as a result of a sewage-disposal-system event must provide written notice of the event within 45 days after the date the damage or physical injury was discovered. The written notice must contain the claimant's name, address, telephone number, the address of the affected property, the date of discovery of any property damage or physical injury, and a brief description of the claim. Failure to provide proper notice may bar the claim.
For additional information and forms, please download Sewer Backup Claim Information.
If you need assistance or additional information, please call at 248.530.1807.
The above summarizes Public Act 222, which should be consulted for a full description of a claimant's rights and duties. To review or download the law, go to www.michiganlegislature.org (then click “Public Acts”, then fill in the blanks with “222” and “2001” in the Public Act search).