Any property is a valuable asset to its owner. When another person damages your property, it is your right to file for a claim in repayment for the damages incurred. Property damage related cases greatly vary depending on the circumstances revolving around the case. Most of these cases would involve defendant who are negligent which resulted to the damage of the property. However, there are also cases where the damages are brought about by intentional acts.
So the question, can you sue someone for property damages? Depending on various factors, you may want to press legal charges against the person or group of people who damaged your property. The person responsible for the damages will have to pay for the amount of the damage or loss.
How to Sue for Property Damage
In filing a property damage case in small claims court, you need to establish evidence that the other party is indeed responsible for the said damages. Once it is already established, the next step is to prove the value of the damaged property. Suing for property damages can be quite a tedious process especially since there is a need to calculate and measure the damages.
Keep in mind that in measuring the damages, it refers to the value on the date of the loss. It is not the replacement value or the cost to purchase a new object.
Property Damage and Personal Injury Claims
There are cases where property damage comes with personal injury. When there is another party who caused the damages/injury, they are liable for the cost of the damages. Whether it is brought about by negligence or an intentional act, the owner of the property still has the right to get for compensation.
Can you sue someone for property damages even without personal injury? Yes, you can press for legal charges. Even if there is no personal injury, as long as there is a person responsible for the damages whether by intention or negligence, the owner of the property can seek for compensation.
Filing for a Claim
Before the claims process starts, the very first step is to identify the cause of the damage. For instance, some of the known causes include theft, vandalism and weather. The actual damages can be quite obvious. However, the cause is not that clear. When filing for a claim under your own policy, your insurance provider should be aware of the specific details for the damages of the property.
But it is just the first step. The next step is to secure evidence. Your insurance provider will require you to have evidence to prove your claim. The stronger your property damage claim, it gets much harder for the company to deny your claim. That is why it is important that you secure the evidence. Make use of photos and videos. The date is also essential. Once you have the evidence, it wouldn’t be difficult for you to get your claim.
How about for minor claims? In most cases where the loss of property is difficult to prove, insurance providers would pay the claim. But you also need to keep in mind that you cannot just file damage claims. Fictitious claims are illegal and your insurance provider can refuse to pay or even cancel your insurance policy.
Dealing with Your Insurance Provider
When dealing with the insurance company, one of the main things that you need to do is to be prepared. You have to substantiate your damage claims. That is why preserving any evidence that you can get is essential. But in major cases where a huge amount is involved, it is always in your best interest to consult a lawyer. Although calculating the damages can be direct and straightforward, there are different factors and circumstances that go around in property damage related cases. That is why it is still the best option to have a legal counsel who can provide you with legal assistance and advice as to what to do.