A property damage claim is one made to recover compensation for injury to your real or personal property. Examples include:

Insurance companies will send an adjuster to assess your property damage, determine how much the damage is valued at and cover any deductibles you must pay.

If you feel your claim isn’t being handled fairly, it may be time to seek legal guidance.

Documenting the Damage

A property damage claim is a request for reimbursement submitted to an insurance company when your insured property suffers harm due to an incident like a natural disaster or accident. Having an understanding of how these claims work can help you protect your financial interests and avoid bearing the burden of unexpected expenses.

The damages covered by property damage claims typically include repairs or replacement costs, as well as related expenses such as rental car fees and hotel bills if your home is uninhabitable during repair work. Depending on the circumstances, compensation can also include loss of income and additional living expenses. In some cases, property damage can lead to emotional or psychological distress as well.

Insurance policies typically cover property damage caused by events like natural disasters, accidents and vandalism. It is important to document all the damage as soon as possible to ensure that you have a complete picture of the full extent of your losses. Your lawyer can provide advice on what to look for and how to properly prepare this documentation.

A common cause of property damage is water-related issues, such as a burst pipe or sewage backup. These types of incidents often involve multiple categories of damages, including clean versus contaminated water and structural issues. Similarly, fire damage can leave behind various categories of damage, including smoke and water, and may require costly cleaning and remediation services.

Filing a Claim

Property damage claims allow policyholders to get compensation for financial losses resulting from the destruction of real or personal property. They may form part of a larger lawsuit (like car accident cases where personal injury and property damage are both alleged) or they can be filed as standalone actions.

There are six common types of property damage claims: wind and hail damage, water damage, fire and lightning damage, theft and vandalism, and liability claims. Understanding these types of damage can help people take preventative measures and navigate the claims process if the damage does occur.

When filing a claim, it is important to provide documentation of the damages. This can include photographs, video footage, invoices from contractors, repair estimates, and more. Providing this information will help the insurance company determine if the damage is covered and how much you should receive in compensation.

Depending on the nature of the claim, you may also be entitled to compensation for expenses such as living accommodations (rental house or hotel room), cleaning costs, food, laundry expenses, and the cost to replace damaged items. If you were unable to operate your business during repairs, you can also get compensation for lost income.

Some policies have a separate clause called subrogation that allows the insurer to seek reimbursement from the at-fault party for the expenses it pays out to the policyholder. A lawyer can help you determine if your policy has this clause and, if it does, how to pursue reimbursement.

Negotiating with the Insurance Company

Property damage claims can be complicated and difficult to resolve, especially when dealing with an insurance company that may not be willing to provide you with the compensation you deserve. It is important to have a lawyer by your side who can help you navigate the process.

Once the claim is filed, the insurance company will send an adjuster to the scene of the accident to assess the damages and determine how much your coverage will cover. The adjuster will also consider deductibles, which can impact how much you will be paid.

If you are not satisfied with the settlement offer, you can negotiate with the insurance company. However, you should always keep in mind that the insurance company’s main goal is to settle the claim as quickly and cheaply as possible.

When negotiating, it is important to have professional estimates and documentation of the damages. It is also helpful to review the appraisals prepared by the insurance company thoroughly, as they often leave out options and extras that can add hundreds or even thousands of dollars to the value of a vehicle.

If you are unable to reach an agreement with the insurance company, you can file a lawsuit against the at-fault party or their insurer for your losses. Our firm has the resources and experience necessary to fight for your rights as a property owner.

Filing a Lawsuit

Depending on your state laws and the terms of your insurance policy, property damage claims may be resolved through mutual agreement or through the filing of a lawsuit. The legal framework for resolving these disputes outlines time limits for insurers to respond to insurance claims and sets standards for fair settlement practices. If you do decide to take Legal Assist action, it is important that you have strong evidence to support your claim.

An attorney can help you to collect proof of your position. This could include photographs, 2-3 estimates for repairing or replacing the damaged property, witness statements and other relevant information. In some cases, you may need to demonstrate the impact on your quality of life or financial situation due to the damage to property. For example, if a tree fell on your home and caused significant damage to your garage and furniture, you might seek compensation for your emotional distress as well as your financial losses.

The other driver’s insurance company will usually resolve the property damage portion of your claim quickly after the accident. This is a good opportunity to check your own insurance coverage and make sure that any future damages are covered, too. A specialist will be able to review your policy with you and advise on the best course of action.