Notice of Claim

How to File a Claim

The best place to start a claim is with your insurance company. They have the expertise to manage the process and mitigate your damages in a timely manner. You can also file directly with the City of Roswell Legal Department. In most cases, per the New Mexico Tort Claims Act, you have ninety (90) days from the date of the incident to file a claim with the City of Roswell.


The New Mexico Tort Claims Act     

The New Mexico Tort Claims Act was enacted in order to clarify the circumstances and procedures under which government entities are responsible for injuries or damages involving their property or employees. The section describing the requirements for filing a claim is:

41-4-16. Notice of Claims. – [New Mexico Tort Claims Act]

Every person who claims damages from the state or any local public body under the Tort Claims Act {41-4-1 to 41-4-27 NMSA 1978} shall cause to be presented to the Risk Management Division for claims against the state, the mayor of the municipality for claims against the municipality, the superintendent of the school district for claims against the school district, the county clerk of a county for claims against the county, or the administrative head of any other local public body for claims against such local public body, within ninety (90) days after an occurrence giving rise to a claim for which immunity has been waived under the Tort Claims Act, a written notice stating the time, place and circumstances of the loss or injury.


Claims may be submitted in person, by mail or email.

Physical Address

City Hall

425 N. Richardson Ave.

Roswell, NM 88201

Mailing Address

City of Roswell

Legal Department

P.O. Box 1838

Roswell, NM 88201


However you choose to submit the claim form, the requested information is the same. All claims against the City of Roswell must be made using the Liability Claim Form (Notice of Tort Claim). (Spanish version: Notice of Tort Claim - Español). All information and supporting documents submitted will not be returned. Keep copies for your records. Copies will not be made in the office.


List of items that should be submitted to support the claim:

  • Police report
  • Photographs of the damage
  • Quotation(s) for repair/replacement
  • Invoices/proof of purchase
  • Other documents may be requested if necessary


Following the receipt of a claim: 

  • The Legal Department will conduct an investigation to verify that the event was caused by the City of Roswell and not another person or entity. The City will not pay for a loss when another person or entity caused the loss.
  • The Legal Department will verify the actual loss.
  • If we determine that you have suffered a loss in which the City was liable, an offer to settle will be made. If we pay for the replacement of damaged items, you will be required to surrender those items. Any items disposed of before obtaining written permission from the City of Roswell will not be considered part of the claim.
  • When a decision is made, the claimant will be notified by mail.
  • Claims are normally processed within 30 days after the receipt of the claim form.
  • Depending on the nature of your claim, the City may refer your claim to its insurance provider for further review and investigation.

Be advised the City is prohibited from providing legal advice. Claimants should consult an attorney as needed. If you are represented by an attorney, we will only communicate with you through your attorney.