Your car has been damaged? Your neighbor flooded your apartment? Someone completely or partially destroyed your property? Compensation for property damage is intended to restore your property status to the situation that existed before the damage occurred. We have been helping in this area for 15 years – contact us and find out how we can help you!
Property destruction? Property damage?
Fight for the compensation you deserve!
Peace of mind
We will help you establish the rules of liability and estimate the actual damage
Satisfaction
From receiving full compensation and restoring the property to its condition before the damage occurred
Comfort
We take care of everything on your behalf, and you only wait for the compensation to be paid
What is a property damage?
Property damage is all costs and losses incurred in the injured party’s property, as a result of a specific event occurring. Property damage may occur in two forms: losses that the injured party suffered (damnum emergens) and loss of benefits that could have been achieved if the damage had not been caused (lucrum cessans). Property damage may therefore consist in the destruction or complete loss of specific assets. Property damage may also consist in the loss of income that these components allowed to achieve or in the necessity to incur additional, unforeseen costs. Property damage may result from various events, such as accidents, breakdowns, acts/omissions of third parties or natural disasters.
What is the best way to understand what property damage is? Through an example!
If it is difficult for you to understand what property damage is and what its scope is, it is best to learn about the case of a robbed taxi driver. In the event of a taxi theft, the taxi driver’s property damage will be not only the damage expressed in the value of the stolen taxi (car), but also the earnings lost in the appropriate period (the taxi driver cannot earn money due to car theft). Due to car theft, a taxi driver may be forced to rent a car in order to conduct business activities and earn money. The costs associated with renting such a car are also a financial loss!
What is a property damage? How much compensation are you liable to? Anything unclear? Contact us and let us resolve all your doubts.
Who and when can he apply for compensation for the property damage?
Any person whose property has been “harmed” in connection with an unforeseeable event for which a third party or insurer is responsible may apply for compensation for property damage. It does not matter whether the case involves intentional or unintentional damage to property. The injured parties may be not only natural persons (every citizen), but also other entities of private law (companies, foundations, associations) and public law (institutions or state bodies). When can you apply for compensation for property damage? The most common cases include:
- Compensation for damage to a car in a collision/accident
- Compensation for destruction of other property in a collision/accident
- Compensation for flooding of the apartment
- Compensation for theft
- Compensation for the destruction of the tenant’s property
- Compensation for losses resulting from floods, fires, hurricanes and other natural disasters
Property damage – how can you defend yourself?
When a loss occurs, every injured party asks himself the same questions: what does the claims settlement process look like? Where to report property damage? How to apply for compensation for property damage? How to write a letter (application) for compensation for property damage? We know it all, and in a nutshell it goes like this:
01
Collecting documentation of the damage and evidence
First of all, it is necessary to prepare a reliable description of the circumstances of the event. The collected evidence should, in turn, include, for example, a post-accident report, witness statements, photos of damaged property, monitoring records, the perpetrator’s statements accepting responsibility and any other documents that may confirm the occurrence and scope of the damage.
02
Damage assessment
To apply for compensation, it is necessary to precisely estimate the amount of damage. In this situation, it is worth using the services of a property appraiser who will professionally assess the losses and estimate their value, regardless of whether the house or car was damaged. We cooperate with experts who help in the above-mentioned field.
03
Reporting damage
Damage should be reported immediately to the appropriate entities. In the first place, it is usually the perpetrator himself – or his insurer. You should also consider reporting damage or destruction of property to the police.
04
Loss settlement process
Reporting the loss starts the claims settlement process. If the perpetrator or his insurer is willing to cooperate, it is possible to resolve the dispute amicably. The conclusion of the settlement is then preceded by appropriate negotiations
05
Litigation
Unfortunately, cases for compensation for property damage often end in court. Usually, the perpetrators are not willing to cooperate at all, and insurers underestimate the compensation due. Court is therefore a standard last resort.
01
Collecting documentation of the damage and evidence
First of all, it is necessary to prepare a reliable description of the circumstances of the event. The collected evidence should, in turn, include, for example, a post-accident report, witness statements, photos of damaged property, monitoring records, the perpetrator’s statements accepting responsibility and any other documents that may confirm the occurrence and scope of the damage.
02
Damage assessment
To apply for compensation, it is necessary to precisely estimate the amount of damage. In this situation, it is worth using the services of a property appraiser who will professionally assess the losses and estimate their value, regardless of whether the house or car was damaged. We cooperate with experts who help in the above-mentioned field.
03
Reporting damage
Damage should be reported immediately to the appropriate entities. In the first place, it is usually the perpetrator himself – or his insurer. You should also consider reporting damage or destruction of property to the police.
04
Loss settlement process
Reporting the loss starts the claims settlement process. If the perpetrator or his insurer is willing to cooperate, it is possible to resolve the dispute amicably. The conclusion of the settlement is then preceded by appropriate negotiations
05
Litigation
Unfortunately, cases for compensation for property damage often end in court. Usually, the perpetrators are not willing to cooperate at all, and insurers underestimate the compensation due. Court is therefore a standard last resort.
A compensation law firm at your service!
Experiencing property damage can be stressful. The process of claiming compensation for property damage can be equally stressful and complicated. In such situations, the compensation law firm will provide invaluable support. Don’t risk another property damage – contact us!
What is the amount of compensation for property damage?
The amount of compensation is a crucial issue. What compensation is due for property destruction is of interest not only to the injured party (how much compensation he or she is entitled to), but also to the perpetrator (how much compensation he or she will have to pay). Estimating compensation for property damage is therefore a fundamental matter. It is usually done as follows:
01
Market value of damaged property
In the event of complete destruction (loss) of some property, compensation is calculated based on the market value of this asset, assumed on the date of the accident. The injured party usually receives what his property was worth on the date of its loss.
02
Repair costs
If it is possible to repair the damaged property, compensation is included in the costs of its repair. In turn, repair costs must be based on market prices of services and goods. The injured party receives as much as is needed to repair his or her belongings on the date of repair.
03
Indirect damages
Lost income or additional costs incurred are calculated mathematically. The injured party receives what he or she lost or was forced to spend.
04
Proving
The amount of each type of damage must be precisely proven. For this purpose, compensation offices, insurers and courts use the help of qualified property appraisers.
05
Policies
If the damaged property was insured, the amount of compensation may also be limited by the terms of the insurance contract and the resulting insurance sum.
Office in the centre of Kielce
You are cordially invited to contact me and meet me in person to discuss the possibilities and optimal legal solutions.