General

How to File Property Damage Claims With Or Without Personal Injury

cleverdude_budgetpart3picAlthough a home, business, or renter may be fully insured, insurance companies are not always willing to compensate claimants in the case of a personal injury. The insurance company lawyers may often claim that the personal injury was not the property owner’s fault. Unless there are credible witnesses involved, it’s often possible to interpret how an incident or accident occurred in multiple ways and shift the blame away from the responsible party.

Your Best Option When Your Claim Is Denied

If you happen to be injured in some way due to the negligence or willful act of a property owner, your best option when your claim is denied is to engage a lawyer. This is a much better alternative than simply settling for what the insurance company has to say about the matter when it is clear to you that they have misinterpreted everything you had to say and misconstrued the circumstances under which you were injured.

Personal injury lawyer David J. Hernandez explains, “If you have already made an attempt to recover compensation for your injuries, chances are you have encountered strong resistance. In personal injury cases, you are forced to deal the massive insurance industry whose primary focus is to guard their financial interests. They are known for employing intimidation tactics or relaying false information in their efforts to deny you the compensation you have a right to receive.”

The Basics of Property Damage and Personal Injury Insurance

Property damage and personal injury are covered by insurance companies. Homeowners, businesses, and renters buy insurance to protect any property damages or any personal injuries that happen as a result of owner negligence on the property.

Property damage covers incidents like theft or vandalism, as well as damage caused by water, snow, ice, wind, or smoke. This coverage usually includes interior and outdoor structures, computers and electronics, furniture and appliances, clothes and accessories, and almost any other product that can be classified as personal property.

Meanwhile, personal injury can be filed if someone slips and falls due to a washed floor, due to a dog attack, or due to physical assault by the property owner or their representative.

Your Legal Right to File a Claim

You can file a legitimate claim when there is property damage without personal injury when there is injury without property damage, and when there is property damage with personal injury.

Let’s take a look at each of these incidents.

  1. Filing a claim when there is property damage without personal injury.

You can file a property damage claim when someone’s negligence or willful behavior results in damage to your property while on their premises. When you make a claim, the other party is liable for paying for the cost of replacing the property. For instance, if you are visiting a friend at their house and their young son blows out the windshield in your car parked in the driveway with a BB gun, you can file a claim to be compensated for the damage to your car.

  1. Filing a claim when there is property damage without personal injury.

You can file a personal injury claim when someone’s negligence or an act of hostility injures you. For instance, if you step into a store and slip and break your tailbone because the clerk has just washed and waxed the floor and not put out any warning signs, you can file a personal injury claim.

  1. Filing a claim when there is property damage with personal injury.

While property damage and personal injury claims are usually claimed separately because there is often no causal link, there are times when a personal injury and property damage can happen at the same time. For instance, if you go to a bar and the bouncer throws you out on the street, punches you in the face, and breaks your nose and glasses, you can file for both personal injury and the cost of the damage to your expensive prescription glasses. Your claim, based on liability law, means that both the bar owner and the bouncer are liable for your personal injury and the replacement costs of your eyeglasses.

The Law is A Better Alternative than Revenge or Fear of Confrontation

When you have been injured or your property damaged by someone either due to neglect or aggression, the law is your best recourse of action. Trying to get personal revenge can set up counter-claims like self-defense.

Often when incidents or accidents happen, the injured party may either be reactionary and try to get revenge or be so intimidated that they don’t report the incident to the police or file a claim for compensation. Sometimes, too, you may not file a claim because you are afraid of loss of earnings because the property damage or personal injury happened at your workplace. Whatever the reason for your reluctance to avoid compensation, speak to a lawyer so that you can understand your rights.

Additionally, even if you do file a claim, the property owner and insurance company lawyers may use a counter-story to find legal ways to wrangle their way out of compensation. If there are no witnesses or only biased witnesses, it can be hard to prove your word against theirs. In such incidents, find a good lawyer to help you defend your case rather than seek to defend your cause in court yourself to save legal costs. The law is complex and it’s always advisable to be represented by a lawyer than just hope that speaking the truth is enough to win the case.

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