Property damage is the destruction brought about to personal or real property by acts of negligence, malicious intent, or acts of nature. It differs from personal injury. It includes harm to a vehicle, home, fence, tree, or any other possession. The compensation is determined by its replacement value, loss of use, sentimental value, or cost of repair.
Here are some frequently asked questions about Property damage claims:
Q: What is the "duty to mitigate damages"?
A: It is the responsibility to execute preventive or reparative measures over one's property. It is the duty to implement reasonable care to lessen the harm. For example: Your home is located next to a river, it is your duty to put sandbags in your vicinity, move personal things, or evacuate your family to expected and further harm.
The percentage that you have exerted to avoid further damage in your property will be weighed by the court against your property damage claim.
Q: Can a person be exempt from property damage liability?
A: Yes. Employees of government or public agencies can be shielded against property damage liability lawsuits. Under the doctrine of "respondeat superior", the employer is responsible for the acts of employees during the execution of assigned duties. The government and public agencies are immune from tort liability. The government will settle claims for such property damage liability.
Q: How does car insurance pay for property damage?
A: The car insurance pays for either first party coverage or third party coverage. First party coverage pays for medical and hospital expenses that you and your immediate
family sustains in a vehicular accident. It includes protection for car accident lawsuit.
Third party coverage pays for the injuries that your car caused to the other person. It includes medical and hospital expenses as well as other damages. The coverage of auto insurance varies from one company to another.
It is wise to avail of insurance plan that suits you and your family's needs. Here are some factors to consider when purchasing an auto insurance plan:
1. Quality of customer service
2. Schedule of safety recalls
3. Good record of pay claims
4. Acquired reputation and positive evaluation from respectable organizations
Q: How does a homeowner's insurance pay for property damage?
A: Homeowner insurance plan has liability coverage that pays for your injuries or of your immediate family members. It also pays for the harm in your home in case of theft, fire, or other disaster. Sometimes, it has separate coverage plan for earthquake, flood, and other natural disaster.
Q: What is mandatory arbitration?
A: It is a negotiation in which both parties agree to an amount for compensation on injuries or harm. It is settled by a neutral arbitrator (can be a retired judge or a professional attorney).
If your home or estate is harmed, consult with a professional Property Damage Claims Expert, Personal Injury Lawyer in Los Angeles and learn more on how you can recover damages.