Property Damage in Greenville, SC
Who Is Responsible?
If you are involved in a car collision in South Carolina, it is the responsibility of the driver at-fault to compensate you for the damage done to your vehicle through his or her insurance carrier as well as for any injury – if you have sustained any. In cases wherein the driver is not insured, it is your own insurance company that will cover the property damage and under no circumstance should you shoulder the cost for fixes after the collision when it is the fault of another driver and not you.
Comparing Personal Injury Vs Property Damage Claims
When you sustained a personal injury in an auto accident, your lawyer may seek compensation for damage and suffering that the incident has caused you including but not limited to:
- Permanent injuries
- Pain and suffering
- Current and future medical costs
- Lost wages
- Loss of life
Your insurance carrier may cover some of the damages mentioned above among many other factors depending on the insurance policy you have. It’s the responsibility of your car accident lawyer to hold the at-fault driver accountable for the injuries that you have sustained. Deciding on taking the matter into your own hands without legal help from an accident lawyer may render you unable to receive maximum compensation owed to you after a car accident.
On the other hand, property damage claims by design are intended to cover the cost incurred to your vehicle – or personal property in general – after the collision. In this case, somewhat similar to a personal injury claim, the driver at-fault will have to pay the damages through his or her insurance carrier. If that driver does not have insurance or enough insurance to cover all the cost of the damages, your insurance may have to cover these incurred costs. The damages being looked at here in property damage claims typically include the following – among many other property damages:
- Car repairs
- Car replacements
- Towing costs – if your car cannot be driven anymore
- Rental car expenses while your car is still being restored or getting replaced
- Personal items that are damaged inside the car
- The cost of other property damage involved due to the accident
Malicious Damage To Property In South Carolina
Damaging property that does not belong to you is regarded as a serious criminal offense. There is a penalty of up to 5 years (up to 10 years depending on the amount of the damage) imprisonment if you are found guilty of this particular offense. Better yet, a valid defense may exist depending on the circumstances of individual cases. Should you be charged with one of these offenses, it is important to determine your rights. Therefore, our seasoned lawyers at Davis Law Group can give advice on the strengths and weaknesses of your case and give guidance so you can go through the legal process and reach the best favorable outcome.
Types Of Malicious Damage To Property
There are different kinds of damages you may inflict as there are many kinds of property that can also be damaged. Some are commonly:
- Spray painting other person’s property
- Throwing eggs at other houses or cars
- Slashing car tires
- Causing property damage by hitting or kicking
- Scratching off car paints
In addition, the crime of arson is also a kind of malicious damage to property wherein a person causes fire to a property through the use of combustible materials or explosives which can be considered a much more serious crime.
For you to be accused of malicious damage to property, it must be you who have acted to cause the property damage. Even if the malicious property damage was a result of an unintentional act, still, it may not be considered a valid defense since you may have intentionally acted at some point although not directly causing the actual damage, but still resulted in the incident anyway. Say, buying from a vending machine and realizing that your coin or item got stuck so you hit it and end up breaking the glass or some other component of the machine. In addition, if you are under 18 years old when the malicious property damage occurred, the same charges will be applied to you as if you were an adult. Better yet, the trial will most likely be heard in the juvenile justice system which can result in varying consequences.
If you are dealing with property damage or wish to file a claim for compensation, call us today.