Any damage to a person’s property, including personal property or real estate, can generate a property damage claim. The victim’s insurance company typically handles these claims, depending on the details of the case. Personal injury claims often carry with them property damage claims. Consequently, it is important for personal injury victims to understand property damage claims.
Property damage claims are particularly likely to arise in car accident claims, where the measure of your property damage claim is the diminution of the value of your car. Other types of personal injury claims also frequently involve property damage claims.
People often file property damage claims with their insurance companies. Still, a legal proceeding might be appropriate if the losses were caused by another party’s negligence or malicious action.
What Qualifies as Property Damage?
You must prove the following elements to submit a successful property damage claim:
- Damages: The property of the person must actually suffer damage.
- Causation: The harm has to be caused by another party’s actions or inactions, not by a natural disaster or other unforeseeable cause.
- Misconduct: The offending party must have acted negligently or intentionally.
You must prove all of these elements on a “more likely than not” basis.
Calculating the Value of a Property Damage Claim
If you suffered a personal injury in Texas, you can qualify for financial compensation for any subsequent property damage. It may be challenging to value your property damage claim, but you must do so to receive justice and monetary recompense.
One of the first considerations when estimating the value of a property damage claim is the extent of the damage. For instance, if the accident completely totaled your car, you’ll likely be able to demand reimbursement for the vehicle’s full value. If the damage is less serious, you must consider the expense of repairs.
Documenting Your Claim
Before determining the damage’s worth, you must gather evidence to support your claim. Photos of the damage, pricing estimates from repair businesses, and repair receipts could all be included in this documentation. You should also keep track of any costs for alternative transportation that you incurred because of the collision.
Besides the expense of repairs, you might be eligible to request compensation for any items damaged or lost in the collision. This can include any items, such as clothing, technology, or other personal items, that were in your car at the time of the collision.
Proof of Liability for a Property Damage Claim
For a property damage claim to be successful, you must prove that the other party is legally responsible (liable) for the damages. To achieve this, you must show that the other party’s negligent or intentional actions caused the losses.
- A person is negligent when they act without sufficient care to avoid harming others. If a driver runs a red light and collides with another car, for example, they might be negligent since they were not driving carefully enough.
- On the other hand, a person acts intentionally when their goal is to cause harm to someone else. If someone intentionally damages another person’s car (in a road rage accident, for example), they might be liable for the damages that result.
To prove liability in a claim for property damage, it might be necessary to gather evidence, such as police reports, witness accounts, and photos or videos of the incident. Accurately documenting the losses and the cost of the damaged items is also essential. This is just as important in settlement negotiations as it is at trial.
Your Fort Worth Personal Injury Lawyer Can Help You Resolve Your Property Damage Claim
Property damage claims often arise from personal injury claims. Consequently, the lawyer you hire to press your personal injury claim can almost certainly help you obtain compensation for your property damage. At Anderson Injury Lawyers you can seek a free initial consultation ASAP at (817) 294-1900 if you believe you have a sizable claim. In an initial consultation, the lawyer will evaluate the size of your claim, determine your chances of winning, and explain your options.
You might not need a lawyer to help you resolve a minor fender-bender. The more money involved, however, the more likely you are to need to hire an experienced personal injury attorney. Opposing parties fight hard against large claims.