After an accident, injuries are often the first concern. However, damage to your property can also create stress and unexpected costs. Property damage refers to harm done to your belongings because of an accident caused by someone else.
This resource explains what property damage is, common examples, how claims work, and what to do next if your property was damaged in an accident in South Carolina.
Understanding Property Damage
Property damage is physical harm to items you own. Accidents often result in personal injury cases where vehicles or other personal belongings sustain damage. Unlike bodily injury claims, property damage claims focus only on repair or replacement costs.
Property damage may happen in many situations, including car crashes, truck accidents, motorcycle collisions, or slip-and-fall incidents that damage personal items.
Common Examples of Property Damage
Property damage can affect many types of items. Some of the most common examples include:
- Vehicle damage, such as dents, broken windows, or totaled cars
- Damage to motorcycles, bicycles, or scooters
- Cracked phones, laptops, or tablets
- Damaged clothing, glasses, or jewelry
- Car seats or other personal items inside a vehicle
Even small items can be expensive to replace. Keeping track of every damaged item is important when filing a claim.
How Does a Property Damage Claim Work?
A property damage claim is usually filed with the at-fault party’s insurance company. The goal is to recover the cost to repair or replace the damaged property.
Insurance companies may review photos, repair estimates, and receipts. They may also inspect the damaged property before approving payment. In many cases, property damage claims are resolved faster than injury claims.
Repair vs. Total Loss
Insurance companies often decide whether your property can be repaired or is a total loss. A total loss means the cost to fix the item is more than its value. For vehicles, insurers typically use market value to make this decision.
If your car is totaled, the insurer may offer payment based on what the vehicle was worth before the accident, not what you still owe on a loan.
What if the Insurance Offer Is Too Low?
Insurance companies do not always offer fair payment right away. An initial offer may not cover all repair costs or the true value of your property.
You may be able to challenge a low offer by providing additional estimates, photos, or proof of value. Disputes can delay payment, which may be frustrating when you need transportation or essential items replaced.
Can Property Damage Be Part of a Personal Injury Claim?
Yes. Property damage is often included alongside personal injury claims. While injury claims focus on medical bills and pain, property damage claims address financial losses related to your belongings.
Handling both claims together can help ensure nothing is overlooked. However, each claim may follow a different timeline.
What Should I Do After Suffering Property Damage?
Taking the right steps after an accident can protect your claim. If your property was damaged, consider the following actions:
- Take photos or videos of all damage as soon as possible
- Get repair estimates from trusted professionals
- Keep receipts for repairs, rentals, or replacements
- Avoid throwing away damaged items until the claim is resolved
These steps can help support your claim and reduce disputes with insurance companies.
How Does South Carolina Law Affect Property Damage Claims?
South Carolina follows a fault-based system for car accidents. This means the person who caused the accident is responsible for property damage. However, insurance companies may still argue about who is at fault.
South Carolina also uses a modified comparative fault rule. If you are found partially at fault, your compensation may be reduced. This rule can apply to property damage as well as injury claims.
How Long Do I Have to File a Property Damage Claim?
Deadlines can vary depending on the type of accident and insurance policy. In South Carolina, lawsuits for property damage generally must be filed within three years. Missing a deadline could prevent recovery.
Insurance claims may have shorter notice requirements. Acting quickly can help protect your rights.
Why Legal Help Can Matter
Property damage claims may seem simple, but problems can arise. Disputes over value, fault, or coverage can delay payment. When property damage is tied to an injury claim, the process can become more complex.
Having guidance can help ensure all losses are documented and pursued properly, especially when insurance companies push back.
Contact Ty Robinson Personal Injury & Car Accident Law Firm for a Free Consultation With a Charleston Personal Injury Lawyer
If your property was damaged in an accident, help may be available. Ty Robinson Personal Injury & Car Accident Law Firm assists accident victims in Charleston, SC, with property damage and injury claims.
To learn more about your options, contact us at (843) 278-2222 to schedule a free consultation with a Charleston personal injury lawyer.