When you’re involved in a personal injury accident, chances are your property might have been damaged, too. If so, you might be eligible for property damage compensation from the at-fault party or their insurance company. It is important to determine the type of property damaged to identify who should be financially responsible for fixing or replacing it.
If your property has been damaged or destroyed, it is important to speak to an experienced property damage attorney for legal advice.
What is Property Damage?
Property can be damaged or destroyed in countless ways. Most commonly, property damage is caused by accidents, acts of God, and the purposeful acts of others. It is essential to pinpoint what type of property has been damaged and by whom to properly target your claim or lawsuit.
Generally, two types of insurance are available for property damage claims: car insurance and homeowner’s insurance. If your property was damaged in a car accident, you will likely target the responsible party’s car insurance company for compensation.
If your real property (home or land) was damaged, then you will likely target the responsible party’s homeowner’s insurance company for compensation.
There may also be situations where you may need to file a claim against both an auto and homeowner’s insurance company to be properly compensated.
Common Examples of Property Damage
Examples of property damage include:
- Fire damage
- A vehicle damaged in an accident
- Defacing a property through graffiti or other criminal acts
- Weather damage, including hurricanes, earthquakes, and tornadoes
There are numerous ways that your property can be damaged or destroyed. Your level of compensation in a property damage case is determined by the value to repair or replace the items damaged or destroyed.
How You Can Qualify for Compensation for Property Damage
If your property is damaged by someone other than you, then you may be eligible for property damage compensation. Insurance coverage policy limits may limit your level of compensation, so it’s important to understand how these limits might affect you.
If your personal property was damaged or destroyed in a storage unit or another facility, you may be able to file a claim to get your property repaired or replaced.
Important Information You Will Need for Property Damage Claims
To make any sort of property damage claim, you will first need to prove that you are the rightful owner of the property damaged or destroyed. If your home has been damaged or destroyed, then proving your ownership is necessary to be eligible for coverage. If you do not own the home you are in, then a claim against a renter’s insurance policy might be the appropriate place for your claim.
If personal property such as a computer, cell phone, or other belongings are damaged or destroyed, then you might have several options to get compensated. You may be able to file a car insurance claim if the items were damaged in an accident. Or you may be able to file a homeowner’s insurance claim if the items were damaged on someone’s property. Knowing where to target your claim is essential.
It is critical to prove the extent of any property damage you have suffered, and you will likely need repair quotes to help support your claim. Sometimes, the property damaged can’t be fixed and has to be replaced. If this is the case, then you will need to demonstrate an appropriate replacement cost for your destroyed property.
What is the Statute of Limitations in Florida for Property Damage Claims?
A statute of limitations refers to the amount of time you have to file a lawsuit for a certain type of case. Each state has several statutes of limitations for the different types of cases that can be filed.
In Florida, you have up to four years from the date of your property damage to file your lawsuit in the appropriate court. Suppose you don’t properly file your property damage lawsuit before the end of that four-year limit. In that case, you will likely be forever barred from any recovery relating to your property damage.
There are specific situations where the four-year timeframe can be prolonged, which include:
- The defendant is out of state and absent for a period of time,
- If the defendant is hiding, using a false name, or doing something similar to make a lawsuit impossible, and
- If the plaintiff/property owner is a minor or has been declared legally incompetent.
Extending the statute of limitations is rare, so it is a bad idea to wait until the last minute. If you have legal questions, then give us a call at Allen Law Firm, P.A. so we can help!
Get a Free Consultation Today to Have Your Questions Answered
If your property has been damaged or destroyed by someone, it is important to speak to an experienced property damage attorney as soon as possible. You need to understand what compensation you are eligible for so you don’t leave money on the table. We offer a free consultation so you can have your case assessed and evaluated by a seasoned professional.