Property damage can occur in a variety of situations—car accidents, slip-and-fall incidents, construction defects, natural disasters, or intentional acts of vandalism. For many people, damage to a vehicle, home, or personal belongings is more than just a financial loss—it can cause serious disruptions to work, daily life, and personal well-being.
Understanding your rights under Maryland law and the steps you can take to recover compensation is critical to protecting your property and your financial future.
What Is Property Damage?
Property damage refers to harm caused to your tangible assets, including vehicles, homes, business property, and personal possessions. In personal injury cases, property damage often occurs alongside bodily injury.
For example, in a car accident, your vehicle may be totaled, or your personal items inside the car may be destroyed. Damage can result from negligence (such as careless driving), intentional acts (such as vandalism), or strict liability situations (such as defective products).
Common Causes of Property Damage in Maryland
While accidents are the most common cause of property damage, there are many potential scenarios in which your property may be harmed:
- Motor vehicle collisions caused by negligent or reckless drivers.
- Construction accidents where heavy equipment or debris damages nearby structures.
- Water damage from faulty plumbing installations or negligent contractors.
- Fire damage resulting from negligence or code violations.
- Vandalism or theft causing destruction or loss of personal property.
- Defective products such as faulty appliances causing home damage.
In each of these situations, determining liability is key to recovering compensation.
Property Damage in Maryland Personal Injury Cases
In Maryland, property damage claims can be pursued as part of a broader personal injury claim or as a standalone action. For example, after a motor vehicle accident, you may seek compensation for both your medical expenses and the cost to repair or replace your vehicle.
Under Maryland Code, Courts and Judicial Proceedings § 11-108, there are no statutory caps on economic damages like property loss, meaning you can recover the full value of your damages as proven in court.
How Maryland’s Contributory Negligence Law Affects Property Damage Claims
Maryland follows the contributory negligence rule, one of the strictest in the country. Under this doctrine, if you are found even 1% at fault for the accident that caused the property damage, you may be barred from recovering compensation.
This applies to both personal injury and property damage claims. For example, if your vehicle was damaged in a car accident but you were speeding at the time, the insurance company or opposing party may try to argue that your own negligence contributed to the incident, potentially preventing recovery.
This rule makes it essential to work with a skilled Maryland personal injury attorney who can gather strong evidence to prove fault lies entirely with the other party.
Types of Compensation for Property Damage
Depending on the circumstances, compensation for property damage in Maryland may include:
- Repair costs to restore the property to its pre-damage condition.
- Replacement costs if the property is a total loss.
- Diminished value if the property’s market value decreases even after repairs.
- Loss of use for the time you are without the property (such as rental car expenses while your vehicle is being repaired).
In some cases, punitive damages may be awarded if the property damage was caused by intentional or malicious conduct, though these are rare and require clear proof of egregious wrongdoing.
Filing a Property Damage Claim in Maryland
To pursue a property damage claim, you generally follow these steps:
- Document the damage with photographs, videos, and written descriptions.
- Obtain repair or replacement estimates from reputable providers.
- File a claim with the at-fault party’s insurance company, your own insurer, or both, depending on the circumstances.
- Negotiate a settlement to cover the full cost of repairs, replacement, or other losses.
- File a lawsuit if the insurance company refuses to offer a fair settlement.
For claims involving motor vehicle accidents, you may also need to involve the Maryland Motor Vehicle Administration (MVA) if there is a dispute over fault or damage estimates.
Time Limits for Filing a Property Damage Lawsuit in Maryland
Maryland imposes strict deadlines for filing property damage claims. Under Maryland Code, Courts and Judicial Proceedings § 5-101, you generally have three years from the date of the damage to file a lawsuit.
If you miss this deadline, your case will likely be dismissed, and you will lose your right to recover compensation. Certain situations—such as property damage caused by a government entity—require much shorter notice periods and specific claim procedures.
Property Damage and Insurance Disputes
Insurance companies often undervalue property damage claims to minimize payouts.
Common tactics include:
- Claiming the property had pre-existing damage.
- Offering settlements that do not cover the full repair or replacement cost.
- Disputing the cause of the damage.
A Maryland personal injury lawyer can negotiate directly with the insurer to ensure your claim reflects the true value of your losses and, if necessary, file a lawsuit to enforce your rights.
Steps to Take Immediately After Property Damage Occurs
Taking the right steps immediately after discovering property damage can strengthen your case:
- Preserve the scene and avoid making repairs until you’ve documented the damage.
- Report the incident to the relevant authorities, such as the police for accidents or vandalism.
- Notify your insurance company promptly to start the claims process.
- Keep receipts and estimates for all repairs and related expenses.
- Consult a property damage lawyer to understand your options.
Prompt action can prevent loss of evidence and ensure you comply with all legal and insurance deadlines.
Contact Alpert Schreyer Personal Injury Lawyers for Legal Help
Property damage can cause significant financial stress, but Maryland law gives you tools to recover your losses when someone else is responsible. By documenting the damage, understanding the state’s strict contributory negligence rule, and working with a skilled attorney, you can pursue the compensation you need to restore your property and your peace of mind.
Whether the damage is the result of a serious car accident, a contractor’s negligence, or an act of vandalism, taking immediate action is the best way to protect your rights and your property value. Contact Alpert Schreyer Personal Injury Lawyers today to protect your rights and property.
