What To Do When Someone Damages Your Property: A Simple Guide

If someone damages your property, whether it’s your car, home, or belongings, it can be frustrating and stressful. But don’t worry— there are steps you can take to try and get your money back for the damaged property. 

You have the right to be paid back for property damage— don’t be afraid to speak up and take action. 

• Take photos and videos of the damage.

• Write down what happened, when it happened, and who was involved.

• Get the names and contact info of any witnesses.

Depending on the situation, you may need to:

• File a police report (especially for car accidents).

• Tell your insurance company.

• Report it to a landlord or property manager if it’s a rental.

Getting estimates of how much it will cost to repair or replace your property is important as it will help prove how much you are owed. 

• Written repair estimates. Depending on the type of case you have, ask a professional for a written estimate of how much it will cost to fix the damage. For example, if you were in a car accident, you will want to obtain a written estimate from a mechanic of how much it will cost to fix your car (you may also be able to get reports for diminished value on your car). 

• Find comparable replacement items. For example, if a moving company damaged your dinning room table and it can’t be fixed, find an equivalent replacement table on eBay or Facebook marketplace. 

• If it’s safe, speak to the person who caused the damage. Ask them to pay for the repairs or offer a solution.

• If possible, limit communications to written communication, like text or email. This provides a written and timestamped record in case they change their story at a later time. 

If the other party is ignoring you or not moving fast enough, consider sending them a formal letter known as a demand letter. 

• A demand letter signals that you are serious about the issue and willing to take action to resolve it. Many problems are resolved by simply sending a demand letter.

• If you end up suing the other person (more on this below), the judge in your case may ask if you tried to resolve the problem out of court. By sending a written demand letter, there is a record of your attempt to resolve the problem out of court that you can include in your evidence. 

• A demand letter will also help you organize your facts and evidence and create a timeline of events. This will help you remain consistent and factual as you go through the steps to resolve your complaint. 

If your property was insured before it was damaged, you can file a claim with your own insurance company, but you may have to pay a deductible and your insurance may include. 

Always ask your insurance before filing a claim:

• Will filing this claim raise my rates?

• Is it worth filing a claim for the amount of damage?

• Will I lose any discounts?

Sometimes, if the damage is small and the person who caused it is cooperative, it may be better to settle without filing a claim. But for larger damage or uncooperative people, using your insurance is often the smarter move.

You may be able to file a complaint with a government agency depending on your state, who caused the damage, and how the damage was caused: 

• Mechanic damaged your car- some states will investigate negligence by mechanics. 

• Towing company damaged your car while towing – some states will investigate property damage by a towing company.  

• Contractor negligence – some states will investigate if a contractor negligence damaged your property. 

However, some state agencies won’t get involved when it comes to property damage cases especially if the property damage is worth a couple thousand dollars. 

Deadline to Sue

Do not delay when considering suing. The statute of limitations is the deadline for filing a lawsuit. If you miss this deadline, you usually lose your right to sue, even if your claim is strong.

The deadline to sue depends on your state and the type of damage, for example, damage to personal property (like a car or belongings) in most states, you usually have 2 to 3 years from the date of the damage.

However, when it is damage to “real property” (like land or a house), it is often longer: about 3 to 6 years, depending on the state.

Don’t wait until it’s close to the statute of limitations to sue. As time passes, you begin to lose your evidence, and you may lose credibility with the judge. If you need help determining the statute of limitation in your case, consult an attorney.

Where to Sue: Small Claims Court vs. Regular Court 

Small Claims Court

Depending on how much you need to sue for, you may be able to sue in small claims court. Each state has a different maximum amount you can sue for ranging from $3,500 to $20,000. Review our guide to small claims limits in each state. 

Regular Court  

Unsure of how to proceed with your property damage case? Consult with one of our property damage attorneys to explore your options ➜

When the cost to repair or replace your damaged property exceeds the maximum amount you can sue for in small claims court, you’ll need to consider suing in a regular civil court. 

Navigating regular civil court is more complex than small claims court, and you may want to consult with an attorney. 

Navigating the rules that apply in regular court can be challenging for someone without legal training. Unlike small claims courts, where the rules are often more relaxed, regular civil courts require strict adherence to specific procedures for filing documents, presenting evidence, and conducting hearings or trials.

An experienced property damage attorney can:

• Evaluate the strength of your case: They can assess the evidence you have gathered and advise you on the likelihood of success.

• Navigate complex legal procedures: They will ensure all necessary documents are filed correctly and within the required deadlines.

• Gather additional evidence: Attorneys have resources to investigate further and potentially obtain expert testimony if needed (e.g., accident reconstructionists, appraisers).

• Negotiate with the other party or their insurance company: They can act as your advocate in settlement discussions.

• Represent you in court: If a settlement cannot be reached, they will present your case effectively in front of a judge or jury.

While hiring an attorney involves additional costs, it can significantly increase your chances of recovering the full amount of your damages. They can help you understand the applicable laws, build a strong case, and navigate the complexities of the legal system, ultimately protecting your rights and interests. 

Winning Your Property Damage Lawsuit

If you're suing for property damage, here’s what you’ll need to prove in court. 

1. You Own the Property.  You must show that the damaged item or property belonged to you. 

Examples of proof:

• Receipts

• Photos of the item at your home

• Title or registration (for cars)

2. The Other Person Was Responsible.  You must prove the other person caused the damage, either on purpose or by being careless. This is called liability.  

Ways to prove liability:

• Eyewitnesses (if any)

• Photos or video of the damage

• Police report (if any)

• A written or recorded admission (they said it was their fault)

• In car accident cases,  a diagram is helpful to show where the cars were at the time of the car accident and how the accident happened

3. There Was Actual Damage.  You need to show that your property was actually damaged. For example, you need to prove that your property wasn’t already damaged before the other party damaged it and that the other party actually caused damage to your property. 

Use evidence like:

• Photos of the damage

• Repair bills or estimates

• Written reports (e.g., mechanic or contractor)

4. The Dollar Amount of the Damage.  You must prove how much money it will take to fix or replace the item.  

Proof includes:

• Repair bills

• Estimates from professionals

• Receipts for replacement items

• Value of the item before and after the damage