Property damage is often one of the most immediate and visible consequences of an accident. A car crash can total your vehicle. Also, personal items can get damaged in accidents. Repairing or replacing them can be very costly.
If someone else’s carelessness led to the damage, Kentucky law lets you seek compensation. You can do this through an insurance claim or a lawsuit.
Knowing your rights after property damage in Lexington can help you get full reimbursement. This understanding also prevents extra out-of-pocket costs.
What Counts as Property Damage in a Personal Injury Case?
In a personal injury or negligence claim, property damage means harm or destruction of personal property. This damage happens because of another party’s actions or failure to act responsibly.
Common examples include:
- Damage to your vehicle after a traffic collision
- Cracked or destroyed cell phones, laptops, or other electronics
- Broken glasses or medical devices
- Damaged clothing or footwear
- Harm to your home, fence, or mailbox due to a vehicle leaving the roadway
- Loss of valuables during a premises-related accident
These items can be expensive or difficult to replace, especially if they were essential to your daily life. Even small losses can pile up fast. They can make your recovery harder, especially if you have injuries or lost income.
Types of Property Damage Compensation
If someone else’s negligence damaged your property, you might get compensation. You can claim this through insurance or a civil lawsuit.
In Kentucky, you can generally recover the following types of damages:
- Repair costs: The amount it takes to return the damaged item to its pre-accident condition
- Replacement value: If repair isn’t possible, the cost to replace the item with one of comparable type, quality, and condition
- Diminished value: For vehicles that lose resale value even after quality repairs, you may be entitled to compensation for the reduction in market worth
- Loss of use: If you were without your car or another critical item during the repair or replacement process, you may be able to claim costs for rentals or other temporary solutions
- Special or sentimental value: While rarely granted, damages may sometimes include the subjective value of property with personal, emotional, or professional importance
These forms of compensation are meant to place you in the position you were in before the accident occurred. Your lawyer can help assess which categories apply and ensure all relevant losses are accounted for.
Proving Property Damage
To succeed in a property damage claim, you must present solid documentation of both the damage and the value of the affected items.
Helpful evidence includes:
- Photographs or video footage taken at the scene
- Police reports or incident records
- Expert evaluations or repair estimates
- Receipts, invoices, or purchase records
- Witness statements
- Appraisals for high-value items
Your lawyer can also get statements from mechanics, insurance adjusters, or other experts to back up the cost estimates. Insurers may undervalue or deny parts of your claim without timely and detailed documentation.
When Property Damage Is Part of a Larger Personal Injury Case
If you were hurt in an accident that damaged property, like a car crash or a slip and fall, you can add those property losses to your personal injury claim. Your lawyer will usually list property damage in the demand letter. This helps account for all losses you can be compensated for.
Property damage claims often get resolved faster than bodily injury claims. This quick process allows for partial payments to cover vehicle repairs or replacements. Meanwhile, the medical aspect of the case can still move forward.
Time Limits for Filing a Property Damage Claim in Kentucky
In Kentucky, the deadline to file a lawsuit for property damage usually depends on what type of property was affected. If the damage involves personal property, the time limit is usually two years. If it involves real property, the deadline is typically five years.
Personal Property
This includes things like cars, electronics, and jewelry. You generally have two years from the date the damage happened to file a lawsuit.
Real Property
This refers to land, buildings, and other permanent structures. In these cases, you usually have five years from when the damage occurred to take legal action.
Exceptions
These time limits might change in some situations. For example, the deadline could be extended for minors, people who are legally unable to act, or if fraud or a serious mistake was involved.
How Comparative Fault Affects Your Property Damage Claim
Kentucky follows a pure comparative fault rule. You can still get compensation for your property losses, even if you were partly responsible for the accident. However, your total recovery will be reduced by your percentage of fault.
For example, if your vehicle was damaged in an accident and you were found to be 20% at fault, your total compensation would be reduced by 20%. This system allows for fair allocation of responsibility but makes legal representation especially important when fault is disputed.
Property Damage Claims in Lexington, KY
Victims of property damage in Lexington may find themselves dealing with uncooperative insurance companies, undervalued claims, or disputes about fault. A personal injury lawyer can help gather evidence, negotiate with adjusters, and make sure every eligible item is included in your claim. Whether your property damage was limited to a dented vehicle or part of a larger accident, securing fair compensation is essential to getting your life back on track.
Contact Our Lexington Personal Injury Lawyers for a Free Consultation
Property damage can cause more than just inconvenience—it can lead to serious financial stress. If you’re facing pushback from insurers or dealing with a disputed claim, don’t go it alone. At Ross Mann Personal Injury Lawyers, we know how to prove losses, negotiate fair settlements, and hold careless parties accountable.
Let our Lexington-based legal team handle your claim with the attention and expertise it deserves. Contact us today at (859) 413-3900 for a free consultation and take the first step toward full recovery.
