Property damage is defined as, “any injury to real or personal property through another’s negligence, willful destruction or by some act of natures.” The amount of recovery for property damage may be established by evidence or replacement value, cost or repairs, loss of use until repaired or by subjective testimony as to sentimental value. In lawsuits for damages caused by negligence or a willful act, property damage is distinguished from personal injury. If you have a personal injury claim and a property damage claim together, the property damage claim should be settled first as “the fact of the accident or medical condition” because it could affect the outcome of your personal injury settlement amount.
Under Florida Statute 324.022, every owner or operator of a motor vehicle must establish and maintain the ability to respond in damages for liability. Florida is a comparative negligence state, meaning if the other driver was 80% responsible for the accident, you can collect 85% of your property damage from that driver. In the case of a car accident, if property damages are filed with the other driver’s insurance company, the insurance company may try to undervalue the property damage. This allows them to make an argument for a lower personal injury settlement amount claiming, if the property damage is minimal, you must not have been injured.
Those seeking representation for a personal injury claim or have further questions arising from an accident that involved an injury, call 1-833-DARFOOR for a free consultation from an experienced Fort Lauderdale personal injury attorney. They can help guide you through the process and get you the compensation you deserve.
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