Property Damage

What is a property damage and demurrage claim?

A property damage claim is made to recover money for damage done to your property by a motor vehicle. For example, if another car rear-ends your car, then you would consider making a claim for property damage to your car against the other driver.

It could also include if a car hits a bicycle or motorbike. Or even a motorbike hitting a car. Basically, if your property is damaged by a motor vehicle you may have a property damage claim against the driver who caused the car accident.

If your property is a commercial use property (e.g. a taxi, courier bike, courier van etc…) then you can also claim demurrage. This is a claim for a loss of income because you are unable to use your vehicle while it is being repaired or a new one purchased if the original is a write-off.

What is the general process for a property damage & demurrage claim?

My Car Accident Lawyer recommends the first step in the process is to get some legal advice.

Please contact My Car Accident Lawyer for free initial advice.

Next it is a good idea to take photos of the property damage as soon as possible after the motor vehicle accident, so that there is proof for the property damage and demurrage claim.

Generally, some information is obtained about the accident – how it happened, when, where, details of all the vehicles and people involved and any Police Report details.

Then the damaged property should be examined and the damage valued. For example, if the property damage is to your car, then a repairer would have to examine it, determine whether or not it is a write-off and either value the car or determine the repair costs.

Further information or documentation may be necessary, especially if a demurrage claim is also made. My Car Accident Lawyer can advise on this.

When all the information and documents are gathered, a demand is made for payment from the at fault driver (the driver who caused the car accident). Unfortunately, not everyone has property damage insurance, so this can affect how the claim runs. If there is an insurer, then hopefully a resolution can be negotiated.

"My Car Accident Lawyer – No Win , No Fee , No Stress "

  • You do not have to pay any legal fees until and unless your compensation claim is actually settled with the insurer or decided by a Court;
  • You do not have to pay any legal outlays until and unless your compensation claim is actually settled with the insurer or decided by a Court;
  • If your claim does not succeed, then you do not have to pay My Car Accident Lawyer anything.

Legal fees are fees for the work that is done by us. Legal outlays are costs that we incur in running your claim, such as medical report fees, photocopying expenses charged by your doctor for medical records, Court fees and Barrister’s fees.

When can you claim?

A claim for personal injuries for a motor vehicle accident can be lodged by someone injured through the fault of another road user or driver.

This could include:

  • If you are the driver of a car or rider of a motorbike hit by another vehicle;
  • If you are the passenger in a car or a pillion passenger on a motorbike (whether or not the driver or rider is at fault);
  • If you are hit by a vehicle when you are a pedestrian;
  • If you are involved in a hit and run, so you do not have details of the vehicle at fault;
  • If details of another vehicle are unknown or unidentified;
  • If you are injured whilst riding a mountain bike or road bike.