Property Damage Laws in New York

Property Damage

If you have been the victim of property damage, it may be possible to receive compensation to recover from someone else’s negligence.

Depending on the situation, the negligent person will have to pay out-of-pocket or their employer will have to cover the damages. In some scenarios, the insurance company may be held financially accountable. Learn more about what options are available to you when it comes to compensation and claims.

What is Property Damage?

Damage to someone’s property can happen in a number of ways and for different reasons.

Regardless of intention, virtually anything that is damaged due to an accident or negligence can be considered property damage. This can include hitting someone’s car with a golf ball, a tree falling on a car, or a tornado ripping off a house roof.

Depending on the cause of the damage, there are different property claims that can be filed in court or with an insurance company.

Real Property vs Personal Property in New York

The State of New York has two different types of property: real property and personal property.

Real property is anything permanent and fixed in its location. This includes a home, garage, shed, or even a shipping container.

Personal property is anything that can be moved with relative ease. This would include a vehicle, a cell phone, jewelry, cash, or other non-fixed property.

How to File a Property Insurance Claim

Identifying the party responsible for property damage is the first step. If the property is damaged due to a vehicle accident, the car insurance company should take responsibility for the damages.

However, if you were driving a vehicle and caused damage to someone’s property, this may be handled by your insurance company. Every situation will be different, so it would always be beneficial to contact a lawyer to get more information.

Property Damage Lawsuit Compensation

Wondering if it is possible to receive compensation for property damage? It will be crucial to provide proof of ownership before getting started. For example, you cannot file a property insurance claim if you live in a rental property.

It is also imperative to know the value of the property and the cost to repair the property. Your insurance company will require this information in order to give you accurate compensation for property damage.

New York Statute of Limitations for Property Damage

The State of New York offers three years from the date of the incident to file a lawsuit. If you wait any longer, your claim will likely be denied by an insurance company or a judge. In some situations, the three years may be extended if you qualify in the following situations:

  • You are out of state when the damage occurs
  • You are out of state for a period of a minimum of four months
  • The person who is responsible is using a false identity
  • Or if the owner of the property is no longer legally competent.

Keep in mind that several things could go wrong, and it is always beneficial to get the advice of a lawyer before making any assumptions.

When to Hire a Lawyer for Property Damage

If your property has suffered from any sort of accident or negligence, then you should contact a civil law attorney. Furthermore, if someone’s property has caused you injury, a personal injury lawyer can help.

Typically, a free consultation is available for these types of cases. A lawyer will be able to review the details of your damage, determine who is at fault, and fight to get your rightful compensation.

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