Geoff McDonald & Associates wins the biggest settlement for Virginia in 2020 for $38.2 Million. Click for details.

Property Damage Claims in Virginia

Aug 26, 2014 | Personal Injury

Property damage in a personal injury lawsuit typically refers to the damage or destruction of a motor vehicle that has been involved in an accident. However, other types of property can be harmed by others’ negligence or wrongdoing, including:

  • Trailers, boats or other items being towed at the time of a car accident
  • Personal property within a vehicle
  • Clothing, shoes, jewelry, wristwatches and similar items
  • Real property such as your home.

A property damage claim requires an appraisal of the property’s value before and after it was damaged and an estimate of the cost to repair or replace the property.

Seeking a Recovery for a Damaged or Totaled Motor Vehicle

After a serious car accident, your vehicle will need to be repaired or replaced. The insurance company may declare your car “totaled.” This means that an insurance claims adjuster has determined that your vehicle is so badly damaged that it would make more fiscal sense to pay the actual cash value of the car than to repair it.

Issues can arise concerning:

  • Whether the car should be declared a total loss
  • The cost of repairs (your insurer may want the repairs done by a shop it has chosen; on the other hand, you may want the repairs done by another shop)
  • The actual cash value of your vehicle if it is “totaled.”

If your car is a classic or rare vehicle, or it has upgrades such as custom paint or after-market parts, it may have value that the insurance company does not recognize or has chosen to ignore. An attorney can help you to sort through these and other issues with the insurer.

Property damage issues can and should be resolved at the outset of personal injury litigation that arises from a car accident. After all, you will need transportation right away.

Diminished Value Claims

Virginia law allows accident victims to seek not only the costs to repair property damaged by another person’s negligence, it also allows a person to seek payment for the damaged property’s reduced value.

For instance, a car that has been repaired may work perfectly well. However, its resale value may be far less due to its involvement in a wreck.

This is known as “diminished value” or “diminution in value” claim. It can be applied to all types of property damage.

Get Help for Your Property Damage Claim

It is important to get help from an attorney if you are facing a property damage claim in Richmond or elsewhere in Virginia. To learn more, contact Geoff McDonald & Associates

Geoff McDonald and Associates: 866-369-9051.

FREE CONSULTATION

No Fees Unless We Win





    Who May Be at Fault in a Construction Accident?

    They may seem simple on the onset—a fall from a scaffold or faulty machinery causing injury—but construction accidents can be quite complex. In some cases, you may have to file for workers’ compensation. In other cases, you may have to make a third-party claim to seek...

    What If I Was Partially at Fault for My Accident?

    Until it’s them or their loved ones involved in the accident, most people don’t consider how state laws and regulations affect their pursuit of financial recovery. After all, what the average American knows about personal injury claims and lawsuits usually stems from...

    Liability in a No-Contact Motorcycle Accident

    It can be difficult to determine who is liable for certain kinds of motor vehicle accidents. Particularly when the accident did not involve a collision between two or more vehicles, which is the case with no-contact motorcycle crashes. While some of these accidents...

    How do I Pay My Medical Bills While My Claim is Being Negotiated?

    Medical treatment can be very expensive, especially for injuries that are serious or life-altering. If your injuries were caused by another’s negligence, you may be able to attempt to recover compensation from the at-fault party. However, no money will be available to...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald