Property Damage

Suppose someone else’s misconduct damages or destroys your property. In that case, you probably have the right to sue them for monetary damages or file a third-party claim against their liability insurance company. Under just the right circumstances–you were injured by a defective product, for example–you can win your claim without even proving that the defendant committed any misconduct.

Insurance

Insurance companies pay out most property damage claims. Below are some of the most commonly used insurance policies:

Automobile Insurance

The following auto insurance is available in Georgia:

• Mandatory automobile property damage liability insurance (minimum $25,000 coverage per accident)
• Supplemental automobile liability insurance (any coverage limit exceeding $25,000 per accident)
• Collision insurance covers damage to your vehicle from a collision with another vehicle or an object, regardless of fault.
• Comprehensive insurance coverage for damage to your car from non-collision events, such as theft, vandalism, or natural disasters.
• Umbrella insurance provides additional liability coverage beyond the limits of the policyholder's standard auto, homeowners, and other insurance policies.
• Uninsured motorist insurance covers injuries to you and your passengers caused by an accident with an at-fault driver who lacks liability insurance.
• Underinsured motorist insurance provides protection when the policyholder is involved in an accident with a driver whose liability limits are too low to cover your claim.
• Gap insurance covers the difference between the actual cash value of your vehicle and the balance you still owe the bank in case of theft or total loss.

Insurance policy limits can impact the amount you receive for your property damage claim. 

Homeowner’s Insurance

Homeowner's insurance coverage varies, but coverage frequently includes:

• Expenses for temporary housing if your home becomes uninhabitable.
• Damage from explosions, falling objects, fire and smoke, lightning, ice, windstorms, or hail.
• Theft and vandalism.

Check your policy language carefully because coverage varies from policy to policy.

Types of Claims

Property damage claims come in at least three different varieties–negligence, product liability, and intentional torts.  

Negligence Claims

To win a property damage claim based on negligence, you must prove the following:

• The defendant owed you a duty of care with respect to your property. This might not apply, for example, if you parked your car in the middle of the road.
• The defendant breached their duty of care by colliding with your car after running a red light, for example.
• Your property suffered damages.
• The defendant's breach of duty was the proximate and actual cause of the damage to your property.

You qualify for compensation if you can prove all four of these elements   

Product Liability Claims

To win a property damage claim based on product liability, you must prove the following:

• You suffered property damage 
• The product in question contained a design defect, a manufacturing defect, or an inadequate warnings defect 
• The product's defect rendered it unreasonably dangerous.
• The product's defect caused the property damage.
• The product was used as intended by the manufacturer.

Your claim for damages can include the value of the defective product itself 

Intentional Torts

Examples of intentional torts involving property damages include:

• An intentional traffic accident caused by road rage
• Vandalism
• Arson

Victims sometimes win punitive damages in intentional tort cases.

Consult a Personal Injury Lawyer Regarding Your Property Damage Claim

There is no need for you to simply swallow a loss of property when that loss was caused by somebody else. You can and should fight back. A skilled property damage lawyer at Hawk Law Group will have the resources and skills you need to pursue full compensation. Schedule a free consultation here or give us a call at 706-722-3500.