Property Damage: What Constitutes a Claim?

As a property owner, you are afforded the rights to either be compensated for, or get a repair or replacement, for any damaged property. There are many different instances covering property damage, but the question remains: what actually constitutes a claim? And when would you need property damage lawyers to come into the picture to help with your case?

What Constitutes a Property Damage Claim?

Essentially, any damage incurred by your property–whether it be real estate, art, furniture, vehicle, etcetera–due to the fault or negligence of another party could be filed under a property damage claim.

One of the most common types of claims for property damage involves vehicles in accidents. In this case, the property damage can be resolved by car insurance. If you were at the receiving end of the accident, then you will be the one to file a claim against the other party’s, presumably at fault, insurance.

Once the claim is received, then the insurance company will assign an adjuster to determine coverage and compensation.

Issues with the Claims

The process seems straightforward, until it isn’t. In some instances, the insurance company would make it so difficult and tedious for you to complete your claim. Especially if the payout is expectedly huge, and they would rather not shell out for the coverage, you may find yourself going around in circles with the requirements and processes they make you go through just to facilitate the resolution of your claim. 

In a car accident, for example, the vehicle may require a specific part that should ideally be replaced with an Original Equipment Manufacturer (OEM) part, or something that comes straight from the manufacturer. However, most insurance coverage only allows “after-market” parts, or those not from the official manufacturers. This means the insurance is only going to cover up to the ceiling price of the after-market part they are offering to you, and then you’ll pay for the difference between the two. 

If this arrangement is not suitable for you, then it’s time to talk to a property damage attorney. 

How an Attorney can Help

Rhode Island Lawyers for property damage are there to help property owners get the compensation they deserve for their troubles. When talks with the insurance agency fall through, the lawyer can help file the case in a Small Claims Court to settle the issue once and for all.

Upon filing the claim, the respondent party would then have to be served notice that they have been sued. This entails physically delivering the notice to them: it should be handed to them personally, according to the “service of process.” 

Note that anyone can serve the respondent their notice, except for you. It can be delivered by a process server, the sheriff, or even your friends. Whoever else is fine, but not you.

When presenting your case at the hearing, you should come very well prepared to present and argue your case. That’s what the lawyers are there for. With the evidence gathered, they will show to the court why the compensation you’re claiming for is fair and just. 

They can also show that the failure of the respondent to fulfill their obligation to compensate has led to further consequences on your part, making for a clear justification why the respondent should be compelled to pay up.

Premises liability lawyers, property insurance claim attorneys, and property water damage lawyers are only some examples of lawyers focusing on a specific area of practice related to property damage.

Seek a consultation with a property damage lawyer, such as one from PALUMBO LAW, at the soonest possible instance, should you find yourself in need of compensation for your damaged property.