If you believe that the Town of Estes Park (or any of its employees) has injured you or damaged your property, Colorado law requires you to file a written Notice of Claim with the Town before you can file a lawsuit against the Town.
The Colorado Intergovernmental Risk Sharing Agency (CIRSA) manages claims against the Town of Estes Park.
This page provides information on the claim filing process.
You may complete and file your claim yourself. However, the legal process can be complex, so you may want to hire private legal counsel to represent you.
YOU WILL NOT BE ABLE TO SUE THE TOWN UNLESS YOUR CLAIM IS FILED WITHIN 182 DAYS OF THE DATE OF THE INCIDENT IN WHICH YOU CLAIM TO HAVE BEEN INJURED OR DAMAGED.
A notice of claim must contain the following information:
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The name and address of the person making the claim, and the name and address of that person's attorney, if any. A contact phone number and email address should be included.
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A concise statement of the factual basis of the claim, including the DATE, TIME, PLACE, and CIRCUMSTANCES of the act, omission, or event which is the basis of the claim.
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The name and address of any public employee involved, if known. (Please indicate if you believe the employee was personally responsible for the damage or merely knows about the circumstances.)
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A concise statement of the nature and extent of damages claimed to have been suffered.
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A statement of the amount of monetary damages being requested. Copies of bills establishing costs incurred, or at least two estimates relating to such damages, make it much easier to favorably evaluate a claim.
If you file a notice of claim, CIRSA will initiate an investigation. If that investigation shows that the Town is at fault for your damages, and the Town is not protected by governmental immunity, you may be offered reimbursement.
Even where reimbursement is offered, the Town pays only for physical damage. Intangible losses such as personal inconvenience or missed work opportunities are not reimbursed. In property damage situations, calculation of loss is based upon the fair market value of damaged items, discounted for depreciation. The Town does not pay full replacement value for damaged property.
You may want to contact your own insurance company about coverage. If your insurance company believes that the Town is liable, it will settle the claim with you and then seek reimbursement from the Town. If it is later determined that the Town is responsible for the damage, the Town will reimburse your insurance company for any money it advanced. It is the responsibility of your insurance company to reimburse you any deductible you paid.
You may submit your claim by email, fax, or certified mail: