How to File a Claim
The procedure for filing a claim with the Claims Commissioner is fully described in Connecticut General Statutes, Chapter 53, as amended by Public Act 16-127, and sections 4-157-1 to 4-157-17 of the Regulations of Connecticut State Agencies. Below are general guidelines for filing a claim:
- The notice of claim must be filed and signed by the claimant, or by an attorney licensed to practice in Connecticut.
- The notice of claim shall include the name and address of the claimant. In most cases, a notice of claim may be filed by only one claimant. If other individuals or entities have related claims, each individual or entity should file a separate notice of claim.
- The notice of claim shall provide a concise statement of the claim including the date, time, place and circumstances surrounding the claim, including the state agency that allegedly caused harm to the claimant, and the dollar amount of damages requested. The statement should include sufficiently detailed allegations to show what the state did or failed to do that caused the alleged damage or injury to the claimant.
- The notice of claim must be filed in duplicate (one original and one copy).
- A filing fee or an application for waiver of the filing fee must be submitted with each notice of claim. The check or money order shall be made payable to the Treasurer, State of Connecticut, but mailed to the Office of the Claims Commissioner. A filing fee of $25 must accompany each claim for $5000 or less, and $50 must be submitted for each claim in excess of $5,000.
- Claims for damages of $5000 or less should be sworn and notarized and supported by bills, estimates, etc., to allow for resolution of the claim without a hearing.
- The notice of claim generally must be filed within one year of the date of the incident. See General Statutes 4-148 for more information.
- An inmate shall not file a notice of claim until the inmate has exhausted all administrative remedies provided by the Department of Correction. A notice of claim filed by an inmate shall include a description of the administrative remedies that the inmate has exhausted prior to filing the claim. An inmate shall file such claim not later than one year after the date on which the inmate exhausted all administrative remedies (except that a claim denied by the Lost Property Board must be filed not later than 60 days after the board’s decision).
- If the claimant is insured, the claimant should look to his or her insurance carrier for reimbursement. In the event of a deductible, a claimant may file a claim for the amount of the deductible. An affidavit concerning the existence and amount of coverage, the deductible, and the amount received or to be received from insurance, or the cover sheet of the applicable insurance policy should accompany the claim.
- Claimants should be aware that the Claims Commissioner does not have jurisdiction over certain types of claims against the state, including, for example:
- claims upon which suit is otherwise authorized by law including suits to recover similar relief arising from the same set of facts; General Statutes § 4-142 (2);
- claims for payment of employment benefits; 4-142 (1);
- claims for refunds of taxes; 4-142 (5);
- claims related to public works contracts; 4-61;
- claims related to defective highways; 13a-144; and
- claims related to the operation of state-owned vehicles; 52-556