After an accident, property damage is often one of the first losses people notice. Whether your car was totaled, your home was affected, or your belongings were destroyed, understanding how property damage claims work in Indiana can help you recover compensation efficiently and fairly.
In many personal injury cases, property damage claims often go hand in hand with bodily injury claims, but they might be handled differently. Knowing your rights and how to document your losses can make all the difference in getting a full recovery.
What Is Property Damage?
Property damage refers to harm or destruction of personal or real property caused by another person’s negligence, recklessness, or intentional act.
Property damage claims can compensate for:
- Vehicle repairs or replacement after a car crash
- Damage to personal items inside the vehicle, such as phones or laptops
- Damage to real property, including fences, mailboxes, or buildings struck by a vehicle
- Loss of use, which covers the time you’re without your car or other essential property
Unlike personal injury damages—which compensate for physical and emotional harm—property damage aims to restore or replace your belongings to their pre-accident condition.
Who Pays for Vehicle Property Damage in Indiana?
Indiana is an “at-fault” insurance state, meaning the at-fault driver (and their insurance company) is responsible for paying for your property damage. Under the at-fault system, you need to establish liability for the accident.
If you were involved in a car accident, you typically have three main options for seeking payment:
- File a claim with the at-fault driver’s insurance (a third-party claim)
- File a claim with your own insurance if you have collision coverage
- File a personal injury lawsuit against the responsible party
Keep in mind that if you share fault, your recovery may be limited under Indiana law.
Insurance Coverage Minimums in Indiana
Indiana law requires drivers to carry at least the following minimum liability coverage:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage per accident
These limits set the baseline for what an insurer must pay, but they might not be enough to cover severe losses.
How to Prove Property Damage
To recover compensation, you must show proof of the damage and its value. Strong documentation can prevent disputes with insurers and help you secure a fair payout.
Examples of useful evidence include:
- Photos or videos of the damage immediately after the incident
- Repair estimates or invoices from certified shops
- Vehicle inspection reports
- Receipts or proof of ownership for damaged items
- Police reports documenting the accident
- Appraisals for valuable property
Keeping organized records helps your attorney and the insurance company calculate the cost of repairs or replacement accurately.
Diminished Value Claims
Even after repairs, a vehicle may lose value simply because it has been in an accident. This is known as diminished value. In Indiana, you can pursue compensation for the difference between your car’s value before and after the crash.
For instance, if your car was worth $25,000 before the accident and only $20,000 after repairs on the resale market, you can claim the $5,000 difference as diminished value.
Many insurance companies try to avoid paying these claims. Evidence—such as appraisals and expert testimony—may be needed.
Types of Property Damage Claims
While vehicle damage is most common, property loss can happen in various situations:
- Car accidents: Damage to your vehicle, personal items, or nearby structures.
- Truck accidents: Collisions that destroy multiple vehicles or property.
- Motorcycle or bicycle accidents: Repair or replacement of the bike and gear.
- Premises liability cases: Damage to property caused by unsafe conditions or negligence on someone’s land.
- Natural disasters involving negligence: For example, a construction company’s failure to secure equipment that damages nearby homes.
Each type of claim requires clear evidence of both fault and the extent of loss.
How Long Do You Have to File a Property Damage Claim in Indiana?
Under Indiana law, the statute of limitations for property damage claims is two years from the date of the incident. This means you must file your claim or lawsuit within that period, or you may lose your right to recover compensation.
However, it’s always better to act sooner. Insurance companies often delay or deny claims, and early documentation helps preserve evidence while memories are fresh.
Recoverable Damages in a Property Damage Claim
Depending on the situation, compensation for property damage may include:
- Repair or replacement costs for the damaged property
- Loss of use for the time you were without your vehicle or possessions
- Rental car expenses
- Towing and storage fees
- Diminished value for repaired vehicles
Every case is different, but your total recovery should account for both direct costs and any financial impact caused by the damage.
How Property Damage Relates to Personal Injury Claims
Property damage is often part of a larger personal injury case. For example, if you were injured in a car accident, your attorney can pursue both your vehicle repair costs and your medical bills under one claim.
Even if your injuries are minor, it’s still important to include property damage in your overall demand. A well-prepared claim ensures that all losses—whether financial, physical, or emotional—are fully addressed.
What to Do After Sustaining Property Damage
To protect your rights and your claim, take these steps after an accident or incident:
- Report the damage to the police or the property owner immediately.
- Take detailed photos and videos of all visible damage.
- Save receipts for repairs, rentals, and related costs.
- Notify your insurance company, but avoid giving recorded statements.
- Contact a personal injury lawyer to evaluate your claim.
These steps may make the difference between a denied claim and a complete recovery.
Contact Rob King & Associates, Trial Lawyers Today for a Free Consultation With Our Indianapolis Personal Injury Attorneys
Property damage can create unexpected expenses and stress, but you have the right to recover the cost of your losses under Indiana law. Whether your car, home, or personal belongings were damaged, proper documentation and prompt legal action can ensure fair compensation.
If you suffered property damage in an accident caused by someone else’s negligence, reach out to Rob King & Associates, Trial Lawyers. Our team can guide you through the claims process and help protect your rights. Contact us today at (317) 916-0000 to schedule a free consultation with our Indianapolis personal injury lawyers.
