What Is Property Damage in a Personal Injury Lawsuit?
What started as an uneventful Saturday afternoon in this quiet Godfrey, Illinois, home ended with a car crashing through the backyard fence of one home and slamming into the corner of another home. As reported by KSDK News, the driver was taken to a local hospital with non-life-threatening injuries. In the aftermath of this accident, insurance claims could be filed from a homeowner’s policy, auto insurance, and healthcare. It could be a complicated case and is a prime example of property damage in a personal injury lawsuit.
There are two potential damage categories in any personal injury lawsuit. That would be reimbursing the injured party for the costs related to medical treatment or for any lost or damaged property. To get that reimbursement, you need to work with the right kind of experienced Illinois injury attorney who will identify the at-fault parties and negotiate with the relevant insurance companies to help you receive the maximum settlement. It is essential to understand what can be classified as property damage.
Measuring Property Damage
The desired outcome in a personal injury lawsuit is to make you whole again. In other words, you need to be reimbursed for everything you had before the accident. When discussing physical injuries that can include mental anguish, it might be hard to place a value on something that could linger for a long time. However, your attorney can negotiate a fair amount that will bring you relief and closure.
It is easier to measure your property damage losses. Again, this relies on making you whole from the moment before the accident. In a car accident, the value of your vehicle is determined by what it was worth at the time of the accident. Many attorneys will use the car-calculating resources provided by online sites such as Consumer Reports.
To find a car’s value, you would enter the make, model, year, and mileage. By default, your vehicle would be considered in good condition because it would be challenging to determine what damage might have been “preexisting.” The value of your car will be for the diminutive value. Every car owner knows that their vehicle loses value the longer it is driven and owned.
Although you might have paid $30K to buy the car, it might only be worth $20K at the time of the accident. That would be the maximum amount you would receive as the car’s replacement value. Keep in mind that it only applies to cars that are deemed totaled. In those cases, the cost of repairs would exceed the current replacement cost.
As for the repairs, those would be considered part of property damages in a personal injury lawsuit. Once the applicable insurance carriers have been identified, they will assign an adjuster to your claim to inspect the damage. They might request that you obtain repair estimates from at least two certified mechanics. In other instances, the insurance company could recommend body repair shops that will help process the claim.
Additional Property Losses
After a car accident, you will focus on recovering from your injuries and getting back on the road. There could be additional property damage assessments that you can add to your final calculations. Consider the following:
Towing Fees
If your car was towed from the accident scene, you should be reimbursed for those fees. That can include storage fees as well. It is important to note that you are under no obligation to use a tow truck that might happen upon the scene. Often, those operators troll for accidents that might force the victims into paying higher fees. It is a good idea to add the number of a reputable tow company to your cell, just in case.
Rental Car Expenses
If your car is being repaired, you might be entitled to a rental car for use until the repairs are complete. Most insurance policies set limits on how long you can rent a car for and the daily rate. If your costs exceed those limitations, those could be out-of-pocket expenses. You might be able to recoup those expenses as part of a more extensive settlement negotiation or civil lawsuit.
Damage to Personal Items
Several personal items inside your car at the time of the accident could be damaged. The most common is a child’s car seat. Car seat manufacturers recommend replacing the car seat if it is in an accident. Other items like cell phones, laptops, tablets, and any other after-market add-ons could be added to the property damage claim. You would have to prove the value of those items with receipts.
Structural Damage
If a car strikes your home, fence, or even a tree on your property, you could be reimbursed for the repair costs by the at-fault party’s insurance carrier. The same reimbursement could happen if the accident forced your car into a municipal lamppost or sign. You should not be held accountable for replacing those structures if you were not at fault.
Proving Your Claim
The first thing you need to prove in any type of property damage claim is that you’re the actual owner of the property. Your insurance policy, car title, or purchase receipt can establish your ownership claim.
Additionally, you must provide the details of where and how your property was damaged. That is where establishing the at-fault party is crucial. In a car accident, the driver would be the primary at-fault party. However, if the driver was on the job, as with a trucker, ride-share, or delivery person, then the company that employed the driver could also be held liable.
In some instances, you could hold a local government liable if poor conditions contributed to the accident. This is common with damage caused by potholes. In those cases, you could make a claim with the Illinois Department of Transportation.
Proving liability is one of the main reasons why you want to involve an experienced law firm such as the Thomas Law Offices in your claim. We can help process that initial insurance claim, appeal a denial, or file a civil lawsuit against the insurance company and at-fault parties. Before you file for property damage reimbursement, you need to know all your options.
