The most common type of accident that involves property damage is the auto accident. However, there are other types of incidents that can result in property damage, making a person wonder if their personal injury claim can include that type of damage. This is a good question since property damage of any kind in an accident due to another person’s negligence is a monetary loss.
If you have experienced financial losses of any kind after being injured in an accident that is due to the fault of someone else, it is your right to secure the representation of an experienced personal injury claim lawyer in Philadelphia who will fight to recover the compensation you deserve. Fortunately, the law says that you don’t have to pay for the consequences of an accident that isn’t your fault as long as you can prove negligence. At Brotherly Law, we work hard to prove that negligence so you can have what you need.
Because property damage is common in a car accident, it serves as a good example as to whether or not property damage can be covered in a personal injury claim. Because Pennsylvania is a no-fault auto insurance state, a person can turn to their own insurance policy to cover the costs of medical bills and property damage. It doesn’t matter who is at fault in the accident. All you have to do is file a claim with your insurance company.
How much a person will receive from their insurance, however, depends on how much coverage the person has. Nonetheless, the coverage could pay for medical bills, property damages, and even a new vehicle if the automobile was totaled. The property damage coverage in the victim’s policy can eliminate the need to pursue the negligent party for property damage.
Something that is unique about Pennsylvania is that individuals can choose between no-fault insurance and at-fault insurance, which can benefit the victim a bit more since at-fault insurance will allow them to file a claim against the negligent driver’s insurance instead of their own. In other words, they have more options.
Nonetheless, even a person with no-fault insurance can still file against the negligent driver when the victim’s insurance policy is not enough to cover the damages. This is common, as many insurance policies don’t provide near enough for medical damages like they might property damage. However, there are even times when the property damage exceeds the policy limits.
If the property damage exceeds the policy limits, then the individual can sue for property damage. However, the personal injury claim may be something completely different from the personal injury claim since the personal injury claim is focused on a person’s injuries. Some may go ahead and file in small claims court on property damage if the damage is less than $5,000.
In the end, there are some things to consider when deciding whether or not to sue for property damage. You have to think about how much money would be gained versus any attorney fees that may be charged. If you can file in small claims, you can usually go through that process by yourself, although attorney advice doesn’t hurt when you want to increase your chances of winning. If the damage is still higher than the small claims maximum, you may want to consider whether or not the amount you would get would be enough after associated expenses and time.
All in all, there are some important decisions to make. Fortunately, you have access to the proper legal advice so you can make informed decisions about what you are and aren’t going to do. Good information makes normally difficult decisions much easier.
There are several issues that are dealt with after being involved in an accident. Those issues are the injuries that are sustained, the money that is lost due to not being able to work after the accident, and the property that may be damaged in the process. There is a lot of loss that is experienced and that’s why Brotherly Law wants to be there to help you recover as much compensation as possible to cover your damages. To learn more about what we can do for you, call us at (215) 545-8500 or contact us online to schedule a free consultation.
If you have been injured due to no fault of your own, you may be able to hold the responsible party accountable for the monetary damages resulting from the accident. Fill out the form below to request a free consultation so we can evaluate your case.