If you have been in a car accident, you know what property damage is. Anytime someone is involved in an accident that results in damage to a vehicle or other piece of property, they may have a property damage claim against the at-fault party or their insurer.
It is essential to understand what kind of property was damaged and the expense of repairs before making a claim. If you have a potential property damage claim, then it is important to speak to an experienced accident attorney for legal advice.
What is Property Damage?
Property damage can happen in seemingly unlimited ways. Property damage commonly occurs from accidents, intentional acts of others, and acts of God, such as severe weather. Understanding the type of property that was damaged is important to understand your legal rights.
There are two main types of insurance that can compensate you for property damage: homeowner’s insurance and auto insurance. If your home or something on your property was damaged, then you will likely need to file a homeowner’s insurance claim. If your car was damaged, then you will likely need to file an auto insurance claim.
Common Examples of Property Damage
Some of the most common examples of property damage include:
- Vehicle damage from a car accident
- Fire damage to a home
- Intentional destruction of property, such as vandalism or graffiti
- Damage to a home from severe weather, such as hurricanes and tornadoes.
There are obviously many other ways that property can be damaged. The money you can recover for property damage is dependent on the severity of the damage and whether the damages is covered under the insurance policy.
After car accidents, if the damage can be fixed, then you will likely receive compensation for repairs. If the vehicle can’t be fixed, then you will be eligible to receive the fair market value of the vehicle to compensate you.
How You Can Qualify for Money Compensation for Property Damage
If your property is damaged and not your fault, you may be entitled to compensation to fix your damage. Insurance coverage limits are important to understand for property damage cases.
Your property damage coverage may only be as high as your insurance coverage limits. If your personal property was damaged where it should have been secured, such as a storage unit or garage, then you may be able to sue the storage facility to have your property fixed.
Important Information You Will Need for Property Damage Claims
The first step in any property damage claim is to prove your ownership of the damaged property. If you are a homeowner and want to claim property damage, you will have to prove that you actually own the house. The same thing goes for personal property such as a computer or vehicle.
If you are hurt in an accident, then make sure that you get the insurance policy information of the other driver. You will make your claim against their insurer. You will also need to demonstrate the extent of the damage and may need repair estimates to prove your claim.
Sometimes, property is so damaged that it cannot be fixed. When this happens, you will need to determine the appropriate cost to replace the property.
What is the Statute of Limitations in Missouri for Property Damage Claims?
A statute of limitations provides the length of time you have to file your claim after your accident occurs. Each state has different statutes of limitations for different claim types.
In Missouri, you have up to five years to file your property damage lawsuit in the correct court. If you don’t file your property damage lawsuit before the end of that five-year limit, then you will likely won’t be able to recover money damages.
The five-year timeframe can be extended in some cases if:
- The defendant is out of state and unavailable for any period of time, and
- If the property owner is currently under a legal disability, such as being underage, then the statute will extend until the owner is old enough to file a claim
There may be other ways to extend the statute of limitations on a property damage claim. Still, waiting until the last minute to find out can be disastrous. If you have suffered property damage, give us a call at The Bradley Law Firm to help.
Get Your Property Damage Questions Answered in a Free Consultation Today
If you are curious about what property damage compensation you might be entitled to, then contact us for a free consultation. To schedule your consultation with one of our experienced professionals at The Bradley Law Firm, call us at (314) 400-0000 to ge or contact us online.