You never have to pay the full amount of property damage when it’s caused by a natural disaster, an accident, an intentional action, or negligent behavior. You can always file a claim for residential property damage, commercial property damage, motor vehicle damage, or personal property damage.
Haffner Law breaks down the different types of property damage claims you can get compensation for.
Residential Property Damage Claims
It’s relatively simple to get compensation in the event of a natural disaster, like a mudslide or fire; your home insurance policy should cover this. If the property damage resulted from an individual’s intentional or negligent actions, you might have to go to court for it.
As long as you can provide strong evidence, the court is likely to award you with the difference in your home’s market value right before and immediately after the damage occurred. Alternatively, the court can appoint a reasonable cost of repair for the property damage.
Commercial Property Damage Claims
Business insurance protects you from a wide range of damages, including general liability and business interruption. Commercial property coverage is typically included in this. But there are cases when the insurer doesn’t hold up their end of the deal, especially if the damages are costly.
It’s best to talk to an experienced attorney about the cost of restoring your commercial property to its pre-loss conditions, and how much you can get out of your insurance policy.
Motor Vehicle Damage Claims
California traffic fatalities decreased by 5.1% from 2018 (3,798 fatalities) to 2019 (3,606 fatalities). Still, motor vehicle damage claims remain one of the most common property damage claims within the state.
The responsible party is obligated to pay you the current market value of your vehicle, or the total amount of repair costs. Otherwise, your auto insurance should include property damage liability coverage. Call your lawyer if the responsible property or your auto insurer won’t pay for the total cost of vehicle damage.
Personal Property Damage Claims
Home, establishment, and vehicular damages aren’t the only types of damage you can file a claim for. You may file a claim for any personal property that has been damaged or destroyed.
Before filing your claim, gather photographic or video evidence of the damage. It’s also best to leave the damaged property untouched until after it has been inspected by your insurance provider. From there, you should have an attorney to help you settle your claim and ensure maximum compensation.
Until when can you get compensation for property damage?
You’re entitled to compensation for the repair or replacement cost of damaged property, whether it’s real estate property or personal property. You can still claim compensation even after you’ve addressed the situation, but it has to fall within California’s statute of limitations.
The state has a three-year filing deadline for property damage claims, regardless of the type of property. This applies to cases when someone unlawfully enters your real property and/or causes damage to the structure or the physical land. It also applies to the loss or damage of any personal property.
You can file your claim within three years from the date the damage occurred. Any later than that, and you’ll have low chances of being awarded monetary compensation. An extension is possible if the person you’re filing a claim against is out of the state anytime within those three years, or if you were under 18 or lacking the legal capacity to make decisions at the time the property damage occurred.
Get legal counsel regarding property damage claims
In most cases, property damage claims will be between you and your insurance provider. Whether this is the case, or if you plan to sue the individual who caused the property damage, the best course of action is to seek legal counsel. A seasoned property damage lawyer makes sure you get every dollar you’re owed.
Haffner Law is always ready to handle your property damage claims and ease your legal burden. Call us today at 1-844-HAFFNER.
