With the approval of the governor and council, the commissioner may use the funds accruing to his or her department for the payment of small claims occasioned by accidents due to the activities of his or her department. No such claim shall be paid to any one person in an amount of over $2,000. Any person claiming damage due to the activities of the department of transportation in an amount of less than $2,000 may make application to the commissioner for payment thereof. Said application shall be filed within 60 days of the date of the accident. If the commissioner upon investigation is of the opinion that the damage was caused because of activities of the department, he or she shall submit his or her recommendation to the governor and council for approval.