Property Damage

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Property damage refers to harm caused to your personal belongings, including vehicles, homes, or other valuable assets. In St. Petersburg and throughout Florida, property damage claims often arise after car accidents, storms, or negligent conduct. Understanding your rights when property is damaged is key to protecting your financial interests.

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What Is Considered Property Damage?

In a legal context, property damage refers to physical harm to tangible items. This includes:

Vehicle damage: dents, broken parts, or totaled vehicles after a crash
Real property damage: harm to your house, garage, fence, or land
Personal property damage: destroyed electronics, furniture, tools, or belongings

Property damage can be total (when the cost of repair exceeds the value) or partial (when the item can be repaired for less than its current worth). Florida law entitles you to be “made whole,” meaning the at-fault party or their insurer must pay the cost to fix or replace your property, plus related expenses.

What Are Common Causes of Property Damage in St. Petersburg?

Florida residents deal with property damage from many different sources. In injury-related cases, property damage often stems from:

Property damage may occur alongside physical injuries or on its own. Either way, the law allows you to pursue compensation from the party responsible.

Who Pays for Property Damage in Florida?

Florida is a no-fault state for injuries, but not property damage. If someone else caused the damage, their insurance company may be found liable and have to pay for repairs or replacement.

Sources of compensation may include:

The at-fault driver’s property damage liability (PDL) insurance
Your own collision or comprehensive coverage
Homeowners or renters insurance
Business liability coverage (for damage at commercial locations)
Umbrella policies (for high-value losses)

In some situations, you might need to file a claim with your own insurer, which can then pursue reimbursement from the at-fault party through subrogation.

How Do I Prove a Property Damage Claim?

To succeed in a property damage claim, you need to show:

Ownership or interest in the damaged item
That damage occurred and was caused by the at-fault party
The value of the loss, whether based on repair estimates, receipts, or fair market replacement cost

The more evidence you have, the better your chance of recovery.

To support your claim, gather:

Photographs or videos of the damage
Police or accident reports
Repair estimates from licensed professionals
Receipts for recent repairs or purchases
Insurance policy documentation

Having an attorney on your side can help you gather and present the evidence needed to strengthen your claim.

What Compensation Can I Receive for Property Damage?

The compensation you may recover depends on the property type and the extent of your damage. You may be entitled to:

Repair costs
Replacement value if the item is a total loss
Loss of use
Diminished value
Emotional distress

Florida courts and insurers rely on fair market value at the time of loss, not the original purchase price. However, with strong documentation, your lawyer can argue for higher reimbursement if justified.

What If the Insurance Company Denies My Claim?

Insurance companies sometimes delay, undervalue, or deny property damage claims, especially when fault is disputed. If this happens:

Get a second opinion from an independent appraiser or contractor.
Avoid signing a release without consulting with a lawyer.
Keep written records of all communications.
Consider filing a bad-faith insurance claim if your insurer acts unreasonably.

An experienced lawyer can step in, negotiate on your behalf, and take legal action if the insurer refuses to pay a fair amount.

How Long Do I Have to File a Property Damage Lawsuit in Florida?

Florida’s statute of limitations for most property damage lawsuits is typically four years from the date of the incident. However, you may face shorter deadlines and notice requirements if the damage is related to a government entity (e.g., a city truck hits your car).

If a personal injury incident caused damage to your property, you generally have two years to bring a lawsuit. Acting promptly helps preserve crucial evidence and ensures you meet all legal deadlines.

Call Graves Thomas Rotunda Injury Law Group for a Free Consultation With a St. Petersburg Personal Injury Lawyer

If your car, home, or personal belongings were damaged in St. Petersburg, Graves Thomas Rotunda Injury Law Group can help. Our St. Petersburg personal injury attorneys know how to prove fault, negotiate with insurers, and fight for the full value of your damaged property.