Property damage can happen in many types of accidents. A car crash might leave your vehicle totaled. A fall or other injury event could break a phone, glasses, clothing, or personal equipment.
When property is damaged because of someone else’s careless actions, you may be able to seek compensation for repair or replacement costs. These claims are often tied to a larger personal injury case, especially when the same accident caused physical injuries.
Understanding what counts as property damage can help you protect your rights and avoid settling for less than your claim may be worth.
What Are Examples of Property Damage?
Property damage is harm to an item or physical property. In personal injury cases, this often means damage caused by a crash, a fall, a defective product, or another accident.
Common examples of property damage include:
- Vehicle damage after a car, truck, motorcycle, bicycle, or pedestrian accident
- Damage to a home, fence, garage, mailbox, or building
- Broken phones, laptops, tablets, glasses, watches, or jewelry
- Torn or damaged clothing
- Damaged work tools or equipment
- Car seats, helmets, or child safety gear that must be replaced after a crash
Property damage claims can involve personal property, such as a vehicle or phone, or real property, such as a house or land.
How Is Property Damage Different from Personal Injury?
Property damage and personal injury are related, but they are not the same. Property damage covers harm to your belongings. Personal injury covers harm to your body, health, and quality of life.
For example, after a car accident, your property damage claim may include the cost to repair your car. Your personal injury claim may include medical bills, lost income, pain and suffering, and future care needs.
Both claims can come from the same accident. However, insurance companies may handle them separately. You might receive one offer for your vehicle damage and another offer for your injury claim.
Be careful before signing a release. Some settlement papers may give up all claims, not just the property damage claim. Read every document closely before accepting payment.
What Compensation Can I Recover for Property Damage?
The compensation available in a property damage claim depends on the type of property, the extent of the damage, and the evidence you have.
You may be able to recover money for:
- Repair costs
- Replacement costs
- Vehicle towing
- Rental car expenses
- Storage fees
- Loss of use of the property
- Diminished value of a repaired vehicle
- Damage to items inside a vehicle
- Cleanup costs
- Temporary repairs needed to prevent more damage
If the item cannot be fixed, the claim may be based on its fair market value. This is usually the amount the property was worth right before the accident, not the amount you paid when it was new.
For vehicles, insurance companies often look at mileage, condition, age, and comparable sales. If your car is declared a total loss, the insurer may offer payment based on the vehicle’s fair market value immediately before the accident.
What Should I Do After My Property Is Damaged?
The steps you take after an accident can make a major difference in your claim. Insurance companies often ask for proof before they agree to pay for repairs or replacement.
After property damage occurs, try to:
- Take photos and videos of the damage
- Save receipts, repair estimates, and invoices
- Keep damaged items when possible
- Get the names and contact information of witnesses
- Request a crash report if the damage happened in a vehicle accident
- Avoid repairing or throwing away damaged property too soon
- Report the damage to the proper insurance company
- Keep notes about conversations with adjusters
These records can help show what happened and how much money it will take to make things right. They can also help if the insurance company disputes the amount of damage.
Who Pays for Property Damage After an Accident?
In Indiana, the party responsible for the accident is usually liable for the resulting property damage. In many cases, that person’s insurance company pays the claim.
For example, if another driver rear-ends your car, their auto insurance may cover your vehicle repairs. If a careless property owner causes damage to your belongings, their liability insurance may apply.
Sometimes, you may need to use your own insurance first. This can happen if the at-fault party is uninsured, underinsured, unknown, or slow to respond. Your policy may include collision coverage, comprehensive coverage, rental coverage, or uninsured motorist coverage.
Using your own insurance does not always mean the other party is off the hook. Your insurer may later seek repayment from the at-fault party or their insurance company.
Do I Need a Lawyer for a Property Damage Claim?
Not every property damage claim requires a lawyer. If the damage is minor, no one was hurt, and the insurance company pays fairly, you may be able to handle the claim yourself.
However, legal help can be important when:
- The accident caused injuries.
- The insurer denies fault.
- Your vehicle is totaled.
- The repair estimate seems too low.
- The insurer refuses to pay for rental costs.
- The damaged property is expensive or hard to value.
- Multiple parties may be responsible.
- You are asked to sign a broad release.
A lawyer can review the settlement papers, gather evidence, deal with the insurance company, and help make sure the property damage claim does not affect your injury claim.
Contact the Indianapolis Personal Injury Lawyers at Wilson Kehoe Winingham Injury Lawyers for a Free Consultation
If your property was damaged in an accident in Indianapolis, Indiana, you may be dealing with more than repair bills. You may also be facing medical treatment, missed work, and stress about what comes next.
Wilson Kehoe Winingham Injury Lawyers can review your case and explain your options. Our Indianapolis personal injury lawyers can help you pursue compensation for property damage and other losses caused by someone else’s negligence. Call us today to schedule a free consultation at (317) 920-6400.