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What is a Claim? What Isn't?

Information about tort claims.

Water Utility & Sewer Infrastructure

The City of Albuquerque no longer insures Albuquerque-Bernalillo County Water Utility Authority Infrastructure.

View Water Utility Authority contact information.

The Tort Claims Act provides that the state and its political subdivisions have immunity from legal liability, with specific exceptions. A list of these exceptions, where the City of Albuquerque may be held financially responsible, can be found in sections 41-4-5 through 41-4-12 of the Act.

It is our job to make sure you are fairly compensated if you have suffered property damage or personal injury for incidents the City of Albuquerque is liable for. We are responsible for City infrastructure and property.

Areas of Possible Immunity

Below is a list of some unfortunate events that are not within our areas of responsibility, for which the City of Albuquerque is seldom held responsible:

  • Theft or damage by unknown individuals to your personal property, even on City property.
  • Vehicle damage due to road conditions where the City has not been negligent maintaining the road, or was not made aware of the problem prior to the occurrence. Public entities are entitled to a reasonable period of time to repair a deficiency once they are made aware of it.
  • Debris in city streets that the City has not been made aware of prior to the occurrence, or been given a reasonable amount of time to resolve.
  • Damage due to extreme weather events, such as flooding or fallen tree limbs.
  • Events outside of City limits that do not involve City property.

While this is not comprehensive, it will give you an idea of how the Risk Management Division may respond to a given claim.