Property Damage in Houston Personal Injury Cases
When an accident in Houston damages your property, you have the right to seek full compensation for the damage, separate from any claim for your physical injuries. Property damage claims can cover the cost to repair or replace damaged or destroyed property, including vehicles, electronics, equipment, and other personal items.
What Can Constitute Property Damage?
Property damage is the economic loss that you sustain when your personal property is harmed in an accident, whether it is repairable or completely destroyed. Property damage is often a claim that you file along with your personal injury case because the same party is likely liable for both categories of compensation.
What are Common Examples of Property Damage?
Many types of personal property can be damaged in an accident, and common examples include the following:
- Personal property destroyed in a fire when you were staying in a hotel
- A car or motorcycle significantly damaged in a crash (you may also be compensated for personal property that was in your car at the time of the crash and was destroyed)
- Business premises damaged due to a fire or environmental disaster at a neighboring property
- Work equipment that you brought to a job site was damaged by a contractor
How Does Texas Law Calculate Property Damage?
Personal injury law aims to restore you to the economic position that you were in before your property was damaged. The money you receive should be no more or less than what it takes to accomplish that goal.
Texas courts may use one of two ways to calculate property value, depending on whether your property was a complete loss after the damages in the accident:
- Property is considered a total loss: You will be paid the fair market value of your property minus the salvage value.
- Property is deemed repairable: You are paid the reasonable cost of repair plus money for your loss of use of the property.
Insurance companies are often very aggressive about declaring your property a total loss, and then they may try to pay you less than the fair market value. The insurance company could also come up with a far lower valuation than what your property is really worth.
Just because the insurance company says something does not mean that they have the final word. You can fight back if they are either wrongfully declaring your property to be a total loss or if they are trying to pay you less than the fair market value.
Is There Important Information You Will Need for Property Damage Claims?
You will need to present complete documentation to the insurance company to have the best chance of receiving full compensation for it. Not only must you provide as much information about your property itself, but you also have to present evidence about what happened to damage your property.
When it comes to your property, you need the following information:
- The title to the property: This document establishes that you are the legal owner of the property damaged in the accident. For vehicles, this means your vehicle title specifically.
- The fair market value of the property: This is the dollar amount your property was reasonably worth at the time of the accident. An appraisal or documented comparable sales can prevent a lowball offer.
- Estimates that show how much it may cost to repair your property: Obtaining multiple written repair estimates from licensed professionals strengthens your claim.
- Maintenance and inspection reports about your property: Records showing that your property was properly maintained before the incident help establish its condition and value. For vehicles, this includes service records and inspection reports.
- Insurance details: Policy declarations from your policy or those of the person responsible for the accident.
- Proof that shows what happened to cause the accident: Specifically, evidence that it was someone else’s fault, such as a police accident report.
What is the Statute of Limitations in Texas for Property Damage Claims?
You have two years from the date that your property was damaged to file a compensation claim. You are subject to the standard statute of limitations that applies to a personal injury case because that is how you will seek compensation for both your physical injuries and the damage to your property.
If you miss this deadline, a court will dismiss your case without even deciding on the merits. Very few exceptions apply, and courts construe them strictly.
What Can I Do if the Insurance Company Will Not Fully Pay for My Property?
When you have a valid claim that is supported by evidence, you can take legal steps to force the insurance company to pay for your property damage. Whether it is for your injuries or property, the insurance company is legally obligated to pay you when their policyholder’s negligence was the cause of what happened. You can present your own evidence to a judge or jury if you are forced to file a lawsuit for property damage.
In Texas, if your property damage involves a vehicle accident, the at-fault party’s liability insurance is responsible for covering these losses under Texas Transportation Code § 601.073. Note that this statute applies specifically to vehicle liability insurance and may not cover other types of property damage scenarios.
If you have experienced a large property loss in an accident, you should consider hiring a lawyer, even if you were not seriously hurt. There are still high financial stakes involved for you because partial compensation can cause serious monetary losses.
Contact Our Houston Personal Injury Lawyers
Property damage claims can arise very quickly after your accident, and you should not try to handle them on your own. Schedule a free initial consultation with our Houston personal injury attorneys at The Buzbee Law Firm to gain trusted advocates who know how to win cases. We will not let the insurance company trample on your legal rights.
We proudly take cases in Houston and throughout Texas, and are here to serve you. Contact our office today at (713) 223-5393.