When you’re involved in an accident in Fort Lauderdale, your losses may go beyond physical injuries. Property damage is often a significant part of a personal injury claim, especially in car crashes, bicycle accidents, or pedestrian incidents.
Whether it’s a totaled vehicle, a cracked phone, or damaged clothing, these losses can be recovered if someone else caused the accident. Continue reading to learn more about recovering from property damage.
What Counts as Property Damage in a Personal Injury Claim?
Property damage refers to any personal belongings that were harmed during the incident. While cars are the most common type, other types of personal items can be included.
Examples of property damage may include:
- Vehicles: Repair costs, towing, and replacement value if totaled
- Phones and electronics: Devices damaged in the crash or incident
- Eyeglasses or medical devices: Prescription lenses, hearing aids, or mobility equipment
- Clothing and accessories: Shoes, jackets, or helmets damaged at the scene
- Bicycles or scooters: Non-automobile forms of transportation involved in the incident
All property must be shown to have been damaged as a direct result of the accident, and documentation helps support your claim.
How Is Property Damage Proven?
To recover property damage, you must present evidence showing:’
- Ownership of the damaged item
- The item’s value before the accident
- The extent of the damage caused by the incident
- The cost to repair or replace the item
It can affect your ability to recover compensation if you cannot prove any of these elements.
Evidence may include:
- Photos of the damaged items
- Repair bills or estimates
- Receipts for replacement purchases
- Appraisals or fair market value assessments
- Witness statements or police reports noting the condition of the property at the scene
Keep your receipts if you’ve already repaired or replaced the item. If not, getting a written repair estimate can help establish your claim’s value.
How Are Property Damage Claims Valued?
The amount you can recover depends on the type and condition of the item. For vehicles, insurers typically pay for repairs up to the vehicle’s fair market value. If the repairs exceed this value, the car may be declared a total loss, and you may be compensated for the pre-accident market value.
In other cases (like a broken phone), you may be reimbursed for the cost of repair or replacement with a similar model. Depreciation may apply, especially for older or heavily used items.
In Florida, you may also be entitled to diminished value damages. This applies if your car is repaired but is now worth less because it has a damage history. That loss may be recoverable if you can prove the vehicle’s market value dropped because of the accident.
What if the Insurance Company Denies or Lowballs My Property Damage Claim?
Insurance companies often try to settle property damage claims quickly and for less than they’re worth.
They may:
- Use lower repair estimates
- Deny liability entirely
- Dispute the market value of the item
- Delay payment, hoping you’ll settle cheaply
If you run into trouble, a personal injury lawyer can negotiate on your behalf or take your claim to court. An attorney can also help identify all recoverable property damages, including any losses you may have overlooked.
What if I Was Partially at Fault?
Florida follows a modified comparative negligence system with a 51% bar. This means that if you are found to be more than 50% at fault, you cannot recover compensation. If you are 50% or less at fault, your compensation will be reduced based on your share of the blame.
This applies to property damage claims as well as personal injury damages.
What’s the Deadline to File a Property Damage Claim in Florida?
Florida law gives you two years to sue for most property damage claims under Fla. Stat. § 95.11(3). This deadline is known as the statute of limitations.
A different deadline may apply if the damage was caused to real property or by construction defects. Due to possibly conflicting deadlines, it is best to consult an experienced Fort Lauderdale personal injury lawyer.
It’s essential to act quickly to preserve evidence and meet all legal deadlines.
Failing to file in accordance with the statute of limitations can result in your case being dismissed, regardless of how strong your claim is.
Can I File a Property Damage Claim Without a Personal Injury Claim?
Yes. While many property damage claims are part of a larger personal injury case, you can file a standalone property damage claim. This often happens in minor accidents with no injuries, but your vehicle or belongings were still damaged due to someone else’s negligence.
However, be aware that Florida’s no-fault insurance laws may require you to go through your own insurer, depending on the circumstances.
Contact the Fort Lauderdale Personal Injury Lawyers at Workman Car Accident & Personal Injury Lawyers for Help Today
If you’ve suffered property damage in a Fort Lauderdale accident, Workman Car Accident & Personal Injury Lawyers can help you recover full compensation. We understand the value of your personal property and how frustrating it can be to fight for reimbursement. Contact us today at (954) 361-3997 to schedule a free consultation with a Fort Lauderdale personal injury attorney.
