How is the value of property damage determined?

UPDATED: Jul 13, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 13, 2023

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UPDATED: Jul 13, 2023Fact Checked

Property damage valuation is an art form that may require the services of a professional or expert appraiser. If the property has been completely destroyed so that it is of no further use and has no salvage value, the measure of damages (or the amount you will get for your property damage) can be set at the fair market value of the property immediately before its loss. Generally, an injured party may recover for the loss or harm – both present and prospective (in the future) – which are the natural, necessary or reasonable result of the damage.

If the property can be repaired, the amount of damages can be set at the amount it costs to repair the property, plus the loss of its use by the owner. If the cost to repair the property turns out to be more than the fair market value of the property before the loss, the damages may be limited to the fair market value. In addition to the cost to repair or replace, plus loss of use, interest and loss of profits may also be considered when determining the total value of property damage.

If you are seeking recovery for property damage from an insurance company, you should seek the advice of an experienced insurance attorney. If the property damage was due to a car accident, see a car accident lawyer right away.

Case Studies: Evaluating Property Damage

Case Study 1: Fire Damage to John’s Residential Property

John’s residential property was severely damaged by a fire. The property was completely destroyed, leaving no salvageable items. The fair market value of the property immediately before the fire is considered as the measure of damages in this scenario.

Case Study 2: Car Accident Resulting in Property Damage for Sarah

Sarah was involved in a car accident where her vehicle collided with a fence, causing significant damage. Since the damaged property can be repaired, the amount of damages is determined by the cost of repairing the property and the loss of its use by Sarah as the owner. If the repair costs exceed the fair market value of the property, the damages may be limited to the fair market value.

Case Study 3: Business Property Damaged by a Natural Disaster – Mark’s Situation

Mark’s business property was damaged by a natural disaster, such as a hurricane. The valuation of the property damage includes the cost of repairs or replacement, loss of use, interest, and potential loss of profits. These factors are taken into account to determine the total value of the property damage.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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