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Property damage is any damage or destruction of real or tangible personal property, caused by negligence, willful destruction, or an act of nature. Destruction of property, a related category, is damage to property that results from willful misconduct and is punishable as a crime.
One of several parties could be responsible for replacing damaged or destroyed property, depending on the specific facts. More on that below.
Lost property, regardless of its financial value, creates a void in everyday life and causes considerable pain and suffering. A Los Angeles Property Damage Lawyer obtains compensation for these losses. Perhaps more importantly, legal action forces negligent, reckless, or malicious individuals to accept responsibility for their actions.
Generally, insurance companies must replace damaged or destroyed property related to a natural or man-made disaster, such as a wildfire or a chemical spill.
Insurance companies earn over $1 trillion per year. So, they clearly have the financial resources to make good on their promises to cover losses and make things right, to the greatest extent possible. Alas, as anyone who’s ever filed an insurance claim probably knows, that’s usually not the case.
Insurance company responsibilities are clear in these situations. First, the company must promptly, thoroughly, transparently, and fairly investigate the claim.
In most cases, an insurance company must acknowledge a claim within fifteen days and dispatch an adjuster within thirty days. The adjuster cannot use a “paid” or “denied” rubber stamp. Instead, the adjuster must professionally evaluate the claim. No part of this evaluation may take place behind closed doors. Then, the company must pay or deny the claim based solely on the results of that investigation.
Second, the company is liable for the full insured value of the property and must pay for like-new repairs. If a tree branch falls on Tom’s car, the insurance company must repair or replace the car based not on its depreciated current value but on its original insured value. Any repairs must be seamless. If the branch fell on the roof and cracked the windshield, the insurance company must repair or replace both the roof and the windshield.
If the insurance company fails to meet its obligations, a property damage lawyer forces insurance companies to do the right thing. In some cases, treble damages are available in bad faith insurance cases.
A personal injury lawyer is also a valuable partner in willful destruction cases. Insurance companies usually exclude these losses, meaning that the tortfeasor (wrongful actor) is personally responsible for them.
Sometimes, the tortfeasor must pay compensation as part of the criminal law process. Usually, however, an attorney files a civil action to obtain compensation in these cases.
Property damage claims against individuals are sometimes difficult to collect. Most people are effectively judgment-proof because most assets, such as houses and cars, are exempt in California.
Frequently, a residential and commercial property damage lawyer simply files a judgment lien in such cases. The lien itself means nothing. Eventually, however, the tortfeasor will want to borrow money for a major purchase, such as one of the aforementioned houses or cars. At that time, the lien must be cleared, and the property owner is in the driver’s seat during settlement negotiations.
Property owner negligence is a possible defense in both insurance and civil claims. Insurance companies won’t cover losses related to property owner negligence, and property owner negligence could reduce the amount of compensation in a civil claim.
Documentary evidence is usually the key in an insurance owner negligence matter. If the owner has reasonably maintained the property in accordance with industry standards, the insurance company must cover the loss.
As for contributory negligence in civil cases, the Golden State has rather unusual laws in this area. California is one of only nine pure comparative fault states. Generally, unless the tortfeasor is at least 50 or 51 percent responsible for damages, compensation is unavailable. But in California, compensation is available even if the owner was 99 percent responsible for property damage, usually due to neglect and poor maintenance.
Property damage has legal and financial consequences in California. For a free consultation with a property damage attorney in California, contact the Law Offices of Eslamboly Hakim. We do not charge upfront legal fees in these matters.
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Trip and Fall: $200,000 Recovered 