Property Damage

Stephen R. Hasner
Managing Partner at Hasner Law PC
May 10, 2024

It is common for property to be damaged in accidents or due to intentional acts. Georgia law provides legal remedies for the property’s repair or replacement if your property was damaged or destroyed. 

It is possible to have your property repair costs covered by an individual, an insurance company, or a business owner — depending on how your accident happened. 

What is Property Damage?

There are two types of property in the law: real property and personal property.

Property damage can occur in a multitude of ways. However, if someone else damaged your property, repairing or replacing it may not be your responsibility. 

Property damage can occur from:

  • A house fire
  • A car accident
  • Weather damage
  • Intentional acts of vandalism

The two most common options for recovering compensation for property damage are: car insurance or homeowner’s insurance. This will largely depend on where and how your accident occurred. 

Your compensation will be determined by your property’s repair or the replacement value

Important Information You Will Need for Property Damage Claims

To successfully make a property damage claim, you will need to prove several things, including ownership. You will have to prove that you are the owner of the property in question to recover compensation for property damage or replacement. 

Alternatively, you might show that you have a legal right to use the property. For example, if you rent your home and your property is damaged in your home, then you might be eligible for compensation from your renter’s insurance policy.

You will also need to prove the location where your property was damaged or destroyed. This requirement is especially common in car and homeowners insurance claims. If your property was damaged on another person’s property or during a car accident, then you would likely submit your claim to a home or auto insurer.

Lastly, you will need to know how much it will cost to repair or replace your damaged or destroyed property. You will likely need repair estimates or an assessment of the fair market value of your property to determine your damages. You will likely need to submit proof of these costs to an insurance company or to the court during your claim.    

What is the Statute of Limitations in Georgia for Property Damage Claims?

A statute of limitations is a time limit on claims. Different types of claims have different statutes of limitations. They also vary between states.  

In Georgia, you have up to four years to file a property damage claim. This statute of limitations applies to both personal and real property. 

If you do not file your property damage claim within four years, you are forever barred from recovering compensation. 

However, there are a few situations where you can get an extension on this four-year limit, which include: 

  • The defendant is out of state for any period of time,
  • If the defendant is evading service by using a false name, 
  • If the property owner is a minor, and 
  • If the property owner has been declared legally incompetent.

In any of the above events, the four-year timeframe can be extended by the court. If you have a potential claim, make sure to submit it quickly and avoid delay. 

Get a Free Consultation Today to Have Your Questions Answered

If your property has been damaged or destroyed because of someone else’s actions, then it is crucial to speak with a personal injury attorney in Atlanta, GA as soon as possible. At Hasner Law, we are proud to offer free consultations so you can have an attorney review your case at no obligation to you. 

Author Stephen Headshot
Managing Partner at Hasner Law PC
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Stephen Hasner is the founder and managing partner of Hasner Law PC. Since being licensed in Florida in 1997 and in Georgia in 1999, Stephen has worked tirelessly to help Georgia residents navigate the legal process following a serious injury. This includes injuries sustained at work, in motor vehicle accidents, and in cases of personal injury. The team at Hasner Law is dedicated to securing compensation for their clients who have been injured through no fault of their own.