When you’re involved in an accident, the damage isn’t limited to your body. Your property—like your car, phone, or personal belongings—can also be damaged or destroyed. Property damage claims allow you to seek compensation for these losses, in addition to any personal injury claim you may have.
Below, we explain how property damage claims work and how to ensure you’re fully compensated. This includes understanding what types of property losses are covered, how to document your damages, and what kinds of compensation you can recover.
Types of Property Damage in Personal Injury Claims
Property damage in personal injury claims typically refers to the damage sustained by a victim’s personal belongings as a result of an accident. The most common form of property damage is to a vehicle involved in a car crash, but it can also include items such as laptops, smartphones, jewelry, clothing, or other personal effects that were damaged or destroyed during the incident.
It’s important to understand that property damage claims are separate from personal injury claims, though they often arise from the same event. While personal injury claims focus on medical expenses, pain and suffering, and lost wages, property damage claims are concerned with the cost of repairing or replacing your damaged property.
How to Prove Property Damage
To receive compensation for property damage, you’ll need to present solid evidence demonstrating what was damaged and how much it’s worth.
Here are the key steps to build a strong case:
Document the Damage with Photos and Videos
Immediately after the incident, if you can, take photos and videos of the damage. Be sure to capture multiple angles to fully show the extent of the harm.
Gather Repair Estimates
Obtain written repair estimates from reputable auto repair shops or contractors. These documents help validate the cost of fixing or replacing the damaged property.
Keep Receipts for Damaged Belongings
Hold onto receipts for any personal items that were destroyed or damaged. These receipts serve as proof of the item’s value and support your claim.
Request a Property Damage Report
If applicable, obtain a property damage report from the police. This official report can serve as crucial evidence by documenting both the incident and the resulting damage.
Who Pays for Property Damage After an Accident?
In most cases, the at-fault party’s insurance company is responsible for covering property damage.
Here’s how it works:
Filing a Claim with the Other Driver’s Insurance
If the other driver was at fault, their liability insurance should pay for your property damage. Missouri law requires drivers to carry minimum liability insurance that covers property damage.
Using Your Own Insurance (If Necessary)
If the at-fault driver is uninsured or underinsured, you may need to file a claim with your own insurance. Comprehensive and collision coverage can help cover your losses in these situations.
Pursuing Legal Action If Insurance Denies Your Claim
If the insurance company refuses to pay or offers an unfair amount, you may need to file a lawsuit to seek fair compensation.
What Compensation Can You Get for Property Damage?
The amount of compensation you receive for property damage depends on the extent of the harm and the value of the damaged items.
Compensation typically includes:
- Repair Costs: The cost to fix or restore your damaged vehicle or belongings
- Replacement Costs: The amount required to replace items that are beyond repair
- Diminished Value: The difference in your vehicle’s value before and after the accident
- Loss of Use: Compensation for transportation costs while your vehicle is being repaired
An attorney can help calculate the full value of your property damage claim.
Can You Claim Property Damage Without Filing a Personal Injury Claim?
If you only suffered property damage and not physical injuries, you can file a standalone property damage claim. However, if you were injured in the accident, it’s usually best to file both claims together to avoid inconsistencies and strengthen your overall case. A lawyer can evaluate your situation and advise you on the best course of action to recover all your losses.
Contact a Missouri Personal Injury Lawyer for a Free Consultation
Property damage after an accident can create serious financial stress, especially when your vehicle or personal belongings are damaged or destroyed. Fortunately, Missouri law provides a clear path to pursue compensation, whether through the at-fault driver’s insurance, your own coverage, or legal action if necessary.
While property damage claims are often less complex than personal injury claims, they still require thorough evidence and strategic handling, especially if your claim is denied or undervalued. Whether you’re dealing with a standalone property damage claim or a combined personal injury case, having experienced legal guidance can significantly improve your outcome. Contact a Missouri personal injury lawyer today for a free consultation at (314) 932-1066.