When most people think of property damage lawsuits, the first place their mind goes is some type of damage sustained to their vehicle in a car accident. Although damage to a vehicle is the most common type of property damage, individuals may also sustain damage to their house or commercial property. If your property has sustained damage or destruction by a third party, there are a few things to be aware of if you ever need to seek compensation.
What types of property damage should I be aware of?
The most common types of property damage people seek compensation for may result from negligent, reckless, or willful conduct, and can be for:
- Faulty repairs to your home or commercial property,
- Damage to your vehicle in a car accident,
- Destruction or vandalism to your property by a neighbor, tenant, or third party, or
- Fire, asbestos, wind, or hail damage to your property.
Even though finding yourself in a situation where your property has been damaged or destroyed is an unwelcome situation, it is important to remember that carrying a comprehensive insurance policy in many cases can help cover some costs of damage or destruction. It is highly recommended that you carry a comprehensive policy if you own or rent your property. In fact, it is likely required to have coverage by your mortgage company.
If you have been involved in a car accident, odds are that your vehicle will need to be repaired to the tune of thousands of dollars. The experienced attorneys at Alhasoon, Glidden and Glidden can help you file a claim to recover for damages not just to your vehicle, but to any injury and harm you may have sustained in the accident.
Although it’s always good to insure your property, the downside is that sometimes you won’t know who caused the damage to your property. This may be in the event of a hit and run, when you discover that one of your tail lights is broken after coming back to the parking lot without a note on your windshield, or waking up to find a broken window in your house. If you don’t know who damaged your property, you will likely be responsible for the deductible on your insurance claim, if you decide to submit one. Nevertheless, when the damage is discovered, take as many pictures as possible and document the damage in case you do submit the claim to insurance, or discover the individual responsible for the damage to your property.
How long do I have to file a lawsuit?
Knowing how long you have to file a lawsuit is important, as damage to property sometimes may not be discovered right away. According to the Colorado Revised Statute §13-80-102, a cause of action will begin on the date both the injury and its cause are known or should have been reasonably known by the owner. In Colorado, the statute of limitations for filing a lawsuit seeking compensation for the repair or replacement of property damage is two years from the date that you find damage on your property. In the situation of damage to your motor vehicle, you have three years to file a lawsuit seeking compensation. There are other laws that may reduce the amount of time you have to file a lawsuit or that limit your right to recovery. It is important to contact an attorney immediately following any property damage situation to ensure that your rights are adequately protected and ensure you get the maximum compensation you deserve.
An exception to the statute of limitations is if the property owner is out of the state or away from the property and has not had the ability to inspect it in a while, or the defendant conceals such damage, the statute of limitations will pause, or “toll” as it is more commonly referred to in the law. This will give you more time to file the lawsuit, as it would otherwise be difficult to determine when the damage to your property originally occurred.
For lawsuits concerning damage or destruction to your property, whether commercial or personal real estate, a vehicle, or other personal property, contact the experienced attorneys of Alhasoon, Glidden and Glidden for a free consultation on your case. We don’t get paid until you get paid!