You might have suffered a property damage claim incident to a negligence claim (after a car wreck, for example). Alternatively, you might have an independent property damage claim in the absence of any physical injury. Either way, you could qualify for monetary compensation by negotiating with an insurance company or by turning to the Nevada state court system.
Types of Property Damage That Typically Arise in Personal Injury Cases
Below is a short list of some examples of property damage that might arise out of a personal injury claim.
- Vehicle damage from car accidents
- Damage from motorcycle accidents, truck accidents, and even bicycle accidents.
- Damage to personal belongings such as glasses, phones, or clothing.
- Property damage resulting from theft or vandalism.
- Damage to personal belongings in a car.
- Collision damage to bicycles.
- Vandalism related to criminal assaults.
- Fire and smoke damage to real estate, fixtures, and personal property.
- Damage to art and collectibles resulting from arson.
- Food spoilage due to negligent appliance maintenance.
- Environmental damage to property (e.g., chemical spills, for example).
The above are just a few examples of situations that might cause property damage.
The Nevada Property Damage Statute of Limitations
The Nevada statute of limitations prohibits you from filing a lawsuit past the legal deadline. Typically, the applicable deadline is three years after the date that the damage occurred. If you miss the deadline, a court will dismiss any lawsuit you file. This state of affairs offers you zero leverage, even in settlement negotiations. Remember, however, that exceptions sometimes apply to the general statute of limitations deadline.
To meet the statute of limitations deadline, you must:
- File a written complaint with the court. This document initiates the lawsuit.
- Pay the appropriate filing fee to the court clerk.
- Have a neutral third party serve a copy of your complaint, and the court summons on the defendant, preferably in person.
Once you beat the statute of limitations, it doesn’t matter how long your case drags on–the statute of limitations will probably never come up again.
Evidence
The following evidence, among hundreds of other possible items, might help you prove your property damage claim:
- Traffic camera footage;
- Police report (normally inadmissible in court but useful in settlement negotiations);
- Witness statements, including expert witness testimony;
- Written repair estimates;
- Vehicle damage assessments;
- Receipts and invoices;
- An insurance policy;
- All correspondence, especially correspondence with the insurance company.
The exact type of evidence you need depends largely on the specific facts of your case. Your best chance of gathering evidence is likely to be during the court-supervised pretrial discovery process after you file a lawsuit.
Potential Insurance Resources
Many different insurance resources might apply to your property damage claim.
Automobile Insurance
Following is an incomplete list of types of automobile insurance that cover property damage:
- Property damage liability ($20,000 minimum required by state law);
- Collision insurance for damage to your own car, even if the accident was your fault;
- Comprehensive insurance, which covers damage to your car from theft, vandalism, fires, flooding disasters, etc.
- Uninsured/underinsured motorist coverage;
- Gap insurance covers the difference between what you owe on your car loan and your car’s actual cash value if it is totaled.
Most of these forms of auto insurance are optional.
Other Forms of Property Damage Insurance
Here are some other types of insurance policies that might apply to your property damage claim:
- Homeowner’s insurance, which covers damage to your home and personal belongings;
- Renter’s insurance, with coverage similar to homeowner’s insurance;
- Business property insurance; and
- Flood insurance.
Be prepared to negotiate any sizable claim with an experienced insurance adjuster. Your best bet is to hire a lawyer early in the negotiation process and let your lawyer do all of the negotiating for you. Don’t worry–your lawyer cannot accept a settlement offer without your permission.
Property Value Appraisal
Courts and insurance companies use several methods of appraising the original value of your property and the magnitude of your loss, including the following methods:
- Repair cost: The cost to repair the item (in other words, the cost to restore it to its condition immediately prior to the accident);
- Fair market value (FMV);
- The cost to replace the item, especially if it was new;
- Diminishment in value even after repairs;
- Actual cash value (ACV); and
- Agreed value (common in settlement negotiations).
There are many other approaches that might apply to various kinds of property, such as the development approach, the income approach, and the cost approach. Typically, the sentimental value of an item is not a major factor in determining property value.
Contact an Experienced Las Vegas Property Damage Lawyer
Not sure if you have a valid property damage claim? No problem. Contact J. Cogburn Car Accident and Personal Injury Lawyers, a trusted Las Vegas personal injury law firm, for a free initial case evaluation. And rest assured–if we don’t win your case, you won’t owe any attorney’s fees.
