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.
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.