Property Damage — Questions and Answers
At Browning & Hernandez, we are committed to answering any questions you have regarding your case and the legal process. Below please find some frequently asked questions on property damage matters. For more information pertaining to your specific circumstance, call us at 972.638.8143.
- What constitutes a property damage claim?
- How much will I win?
- Will my rental fees be covered in my claim?
- Can you handle my property damage claim?
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At any time you are injured, you have a reliable resource at Browning & Hernandez. Call 972.638.8143 or contact us online today to schedule your free initial consultation to discuss your injury case.
What constitutes a property damage claim?
Under Texas law, property must have been damaged through negligence, malicious destruction or an act of nature in order to be compensable. Typically the person responsible for the recklessly or intentionally damaged property must pay. In car accident issues, the liable party’s insurance company will most likely pay for your property damage, pursuant to the terms of their insurance policy.
How much will I win?
Most successful property damage claims, particularly in the event of a motor vehicle accident, result in the insurance company paying the lesser cost, whether to replace or repair. The value of your property damage claim depends on a number of factors:
- How much it would cost to repair your item
- How much it would cost to replace your item
- Interruption or inconvenience due to the loss of your item
- Sentimental value, particularly regarding family heirlooms
If the damaged property is a motor vehicle, the insurance company will most likely pay your repair costs or your vehicle's fair market value, whichever is less. During your free initial consultation, your attorneys can advise you more specifically on what you can recover.
Will my rental fees be covered in my claim?
Rental fees are generally paid for the time your vehicle is being repaired. If your vehicle is a total loss, instead of being supplied a rental car you are entitled to claim "loss of use" from the time of the accident until the settlement of your property damage claim.
You can demand that the at-fault driver’s insurance company pay for your rental car fees, but you may have to pay for the rental car up front and be reimbursed later.
Can you handle my property damage claim?
If there are significant injuries involved in your case, we may be able to represent you in obtaining property damage compensation. Property damage claims are legal issues separate from personal injury claims, but on their own typically end up costing more in legal fees and court costs than they are worth. Browning & Hernandez lawyers can assess the value of your claim during your free initial consultation. In the event we do not take your case, we can refer you to another capable East Texas attorney more equipped to handle your property damage matter.
