Property Damage Claims

Damage to property is a damage caused to property due to various circumstances: an accident (car or motorbike), a water leakage, a fire (in an apartment of an office) etc.

Damage to property can reach high numbers and normally, if the property is not insured, the property damage restoration expenses are incurred by the owner of the property. 

Often when people suffer losses, they do not know about their right to claim for a property damage compensation/reimbursement. In case when a material damage was caused by other people or negligence, the victim can be entitled to claim for compensation. 

Who can be claimed for a property damage compensation?

In case your property is damaged, the first thing you need to do is to check who carries responsibility for the damage. It is important to know that the person who directly caused damage, is not always the party you sue. For instance, if your property was damaged due to a water leakage from a neighbor’s property, the responsibility will be carried by the owner of the property where the leakage occurred.  

However, the neighbor’s property can be insured by a policy which covers the property damage and in this very case, it is better to sue the insurance company. 

Another example is fire damage. It is always important to study the source of the fire thoroughly as to its cause. If a fire started in your neighbor’s apartment, he is not necessarily the one to bring the suit against. 

The causes of the fire can be various: careless electric installation work, poor quality electrical equipment and lots of other reasons. In such cases, the claim will be submitted to the authority, responsible for the fault which resulted in a fire. 

If a fire started in an electrical panel board of the apartment building and is considered to be common property, the situation should be examined carefully as it is also possible that electric company workers were negligent in servicing the electrical panel board. 

Which court is it better to file your case ,in order to receive a property damage compensation?

Normally, property damage claims are brought to a small claims court or to the magistrate’s court (a court of first instance which tries major civil and criminal cases) depending on the amount of the claim and the plaintiff’s decision.

The benefits of filing a case in a small claims court:

• The procedure of a small claim trial does not require knowledge of the laws. All parties of the lawsuit are obliged to submit all the corresponding documents confirming their cases.
• Small claim cases are quicker investigated as they normally finish with one hearing.
• Small claim court fees are lower than in magistrate’s court. 

The drawbacks of filing a case in a small claims court:

• The amount of small claims is limited to 34, 000 shekels (as of January 2020).
• A lawyer can not represent you in this court (with exception in some cases).

The benefits of filing a case in the magistrate’s court:

• The maximum amount of a claim is 2.5 million shekels; therefore, the plaintiff can be more flexible in defining the claim amount. 

The drawbacks of filing a in the magistrate’s court:

• Normally a legal process lasts longer and may require several court hearings.
• Usual trial proceedings in the magistrate’s court (as well as a district court) requires an expert’s findings.
• The party that loses the case carries the risk of covering all the costs including the expenses of the party that won (a lawyer’s fee, a court fees and others).

How can you best get prepared for filing a property damage claim?

Before bringing a property damage claim to court, it is necessary to collect all the proofs. One should document the damage caused and all possible evidences for the case. Moreover, if necessary, you should ask a proper expert for the findings which will define the source of the damage caused. 

For instance, in case of a fire, normally, you need a fire expert or an electrical engineer findings. In case of a car accident, usually, you need a damage expert opinion to assess the damage caused to your vehicle as a result of the accident.

To get a compensation for an indirect damage, for instance, a loss of a working day due to the damage, transport expenses etc., you should include all relevant documentation that proves the amount of the damages suffered.  

Is it necessary to consult with a lawyer before bringing your property damage claim to court?

A lawyer who is an expert in property damage claims can help you even before filing the case, by assessing all your chances for success as well as the validity of your claim.

For example, in many property damage cases, there are several parties held responsible for the damage, not only the party that caused the damaged. 

In case of a legal action against an insurance company, it is essential to assess all the chances and specifics of counter-claims in order to understand who will the insurance company advance its demands to, even if the liability of the party involved is only partial.

Our office has a many years’ experience in dealing with property damage claims.

Due to years of experience in working with property damage claims, our company possesses considerable professional knowledge and skills which will help you:

• to file your claim to court,
• to protect you from receiving a property damage claim.

We specialize in civil offences, therefore, we closely cooperate with experts in different areas: engineers, appraisers, fire experts etc., All those who can help you with expert findings which in their turn can affect your plans as well as secure best results for you.

If your property was damaged by another party: an individual or an entity, contact us and make an appointment to assess your claim.