Someone Damaged My Property. What Do I Need to Do?
Accidents can happen to anyone, anywhere, anytime — no matter how careful you might be. Your property is no exception. While you can make a claim when someone else caused the accident and damages, the process of asking for compensation is a long and hard one. This is why property damage claims are not something that anyone on the receiving end can laugh about.
What is a property damage claim?
When another person has intentionally or unintentionally damaged your property (or any of the things in your house that aren’t nailed down), you have the right to demand compensation. An accident that has caused you to incur losses gives you the right to pursue a property damage claim to compensate for damages and losses on your property, as well as for bodily injuries you or a family member may have suffered due to the incident.
The law categorizes property damage in the following ways:
• Malicious property damage
This is when your property is intentionally harmed out of anger, desire, or spite, like vandalism, poking a hole in your vehicle tires, and the like.
• Accidental property damage
This is when someone unintentionally damages your property. For example, breaking one of your windows while playing ball outside.
• Negligent property damage
This is when someone was careless enough to harm your property. A case of negligent property damage is when a neighbor’s tree falls onto your roof and causes considerable damages.
Does insurance cover property damage?
Some insurers cover property damage, depending on the situation. If you were in a car accident that was clearly caused by another vehicle, for example, your insurer may pay for the damage to your car, but only if they carry a higher liability limit. In the event that they only have a $5,000 limit and the damages cost around $8,000, then you will need to sue the driver for the difference to have your car repaired.
When to sue in small claims court?
Accidents will always have an element of human error attached to them. Although mishaps are unintentional, someone can still be held liable for being negligent. With this in mind, you can demand compensation for the properties that were damaged.
When a property is damaged with intention, you will need to inform the police first. The person who intentionally damaged your property may be charged with a misdemeanor, which comes with jail time or fines, depending on the severity of the damage.
How to sue in small claims court?
Depending on your county, you can take your claim to small claims court. There, you will need to prove that it was indeed the defendant’s fault. Take all the necessary documentation with you as evidence in court. You will also need to prove that the defendant was aware that there was a problem but failed to take the appropriate action. Aside from that, you will also need to prove your property’s value, too. This is because you can only be compensated for the current value of the property. You can either receive compensation for repairs for the damages or replacement.
Contact the National Damage Appraisers today to get damage estimates, represent you in small claims court, and negotiate on your behalf.
National Damage Appraisers
1 Stowell Ave.
Worcester, MA 01606
877-290-2929
774-239-0652
Info@NDA911.com
