An individual or a business can file a property damage claim to recover losses due to damage to property. This type of claim is common in real estate law and insurance law.
It can be a complex procedure and you should understand what to expect before filing a claim. Experienced lawyers can offer tailored solutions to your needs and keep you up-to-date throughout the process.
Read on to learn more about filing a property damage claim in Ontario, including how to file and the potential costs of this journey.
You can fill out the short online form on this page , free of charge, to find the best real estate or insurance lawyer to assist you!
Understanding Property Damage Claims in Ontario
As a legal claim, a property damage claim can come up in various situations such as:
- Car accident: If your vehicle is damaged in a vehicular accident where the other driver is responsible. You can file this type of claim with the insurance company. Compensation can cover the cost of repairs or the fair market value if the car is a total loss. You will need enough evidence to support your case such as receipts, photos, and other documents.
- Business Losses: If a business is damaged due to another person’s negligence (fire, water damage, etc.), the business can file a property damage claim for lost profits and the cost of repairs.
- **Natural Disasters:**A property can be damaged by a natural disaster such as a flood or earthquake. In such cases, a homeowner can file a claim with the home insurance company to recover losses for repairs or to rebuild a property. Sufficient documentary evidence is also needed associated with repairs as well as temporary housing expenses. You must know the specific exclusions or limitations of your policy before filing a claim.
- Personal Injury: If you get injured and your property is damaged because of someone else’s fault, you can file a property damage claim alongside your personal injury claim.
Things you should know before Filing a Property Damage Claim
Before you file a claim for property damage, you must know the following to be ready.
- Know the statute of limitations: This refers to the time limit for filing a claim. The statute of limitation for property damage in Ontario is 2 years from the date the damage was incurred.
- Be sure to file a claim within the time limit to protect your right to recovery.
- Prepare documentation of the damage. It is important to have documents supporting your claim. Photos, witness statements, and police reports are essential as well as receipts for the repairs.
- Know the value of the property. It is important to determine the value of the property before filing a claim. It will allow you to estimate how much you can get for compensation.
- Check your insurance coverage. Understand your insurance policy to know if the damage sustained is from a covered risk. Your policy is subject to deductibles and limits.
- Get advice from a lawyer. Before filing a claim, seek the advice of a competent lawyer to help you.
How to File a Property Damage Claim
The process for filing a property damage claim is not an easy one. You need to know and protect your rights and recover your losses.
- Prepare documentation: We already mentioned that photos of the damage and other evidence are required to file a claim. Statements from witnesses and a police report will help to strengthen your claim.
- Get in touch with the insurance company at the soonest possible time. Your insurer will have specific steps for you to follow for claiming compensation.
- Find a lawyer to know your legal options. He can guide you and represent you throughout the process. If you are also filing a personal injury claim, car accident or personal injury lawyers can simplify the process and fight for your rights.
- If you decide to file a lawsuit, your lawyer will start the legal process on your behalf and see it through. If the other party offers a settlement, you and your lawyer can negotiate the offer to your satisfaction.
Have you decided to file a property damage claim in Ontario? Seek the help of a competent lawyer using our short online form, free of charge.
Filing a property damage claim against the City
Individuals can also file a claim for property damage or injury against the City.
In Toronto, a person needs to submit to the City a Notice of Claim as soon as possible. If the damage or injury is due to the condition of the sidewalk or roads, the notice of claim must be submitted within 10 days of the accident.
If claiming personal injury due to ice on city property (not sidewalk or road ), the notice of claim must be submitted within 60 days from the date of the accident.
The name, address, email, date and location of the incident must be included in the Notice of Claim. Additional details such as how the incident occurred and a description of the damage or injury should also be stated.
Submitting evidence to support the claim
You will not be able to submit documents or photos until an adjuster is assigned to your case. After submission (by mail or courier), you will receive a confirmation email with your claim number. Your file will be forwarded to the insurance adjuster for evaluation.
The Limitations Act of 2002 provides that all legal action against the City should be issued with the proper Court within 2 years of the loss or injury. Submitting your notice of claim to the City does not satisfy this requirement.
It is advisable to hire a reliable and experienced lawyer for filing a claim against the City for property damage or personal injury.
Suing Someone in Small Claims Court for Property Damage
Did you know that you could sue someone for property damage in small claims court?
Yes, small claims court is not just for collecting debt or unpaid goods or services. You can also sue for claims for damages including property damage, personal injuries, breach of contract , etc.
As long as you are claiming not more than $35,000, or if you are willing to waive the amount in excess, you can file in Small Claims Court.
This is important because you don’t need to have a paralegal or a lawyer to file a lawsuit in Small Claims Court. Of course, consulting a professional to guide you in the process can be a big help.
What are the steps to file a lawsuit in Small Claims Court?
To start the claims process, you need to fill out some paperwork and send it to the business or person you are suing.
A claim can be filed online, by mail, or in person. A plaintiff can go to the Small Claims Court E-Filing Portal to file and request the issuance of some court documents.
Fees for Filing a Claim in Small Claims Court
The fees depend on how many claims you have filed in the same court during the calendar year. If not frequently, your fees would be as follows:
- $108for filing a claim
- $94 for filing a request for default judgment
- $308 for setting a date for an assessment hearing
- $127for filing a Notice of Motion for an Assessment in Writing
An individual who files claims with the court frequently (over 10 claims in a year) would pay:
- $228 for filing a claim
- $128for filing a request fordefaultjudgment
- $403 for setting a date for an assessment hearing
- $127for filing a Notice of Motion for an Assessment in Writing
If a person cannot pay enforcement or court fees, he can request for a waiver of the fees which, if approved, would apply to fees in court proceedings.
Before filing a claim with Small Claims Court, consider if you can collect money or compensation from the person or business you are suing if you get the court judgment.
If you win but the other person fails to pay, you will be responsible for enforcing the judgment.
How do you get paid if you win the case
If you win the case in Small Claims Court, it is still not a guarantee that you can collect compensation for property damage or personal injury. The debtor or loser may be unable to pay you or refuse to pay you.
If this happens, you will need to take more steps to enforce the judgment from the court.
- Garnishment: bank account, salary, etc. wherein the money from the responsible party is given to you.
- Seizure and sale of personal property or land which will be sold so that you can collect the money owed to you by the defendant.
You may need to know the defendant’s financial situation through the Land Registry Office (to check for any assets) or request an examination hearing. A judge could order the defendant to make payments on a schedule after reviewing the information.
Filing a claim in Small Claims Court could take time and cost you money. You could also lose and be asked to pay for the legal costs.
You can consider other remedies such as mediation, arbitration, or negotiation before filing a lawsuit.
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Why hire a lawyer to file a property damage claim?
Fires, floods, hailstorms, and other natural disasters are threats that all property owners could face. The damage that can be caused by disasters is one of the most compelling reasons to buy property insurance.
Many homeowners, however, don’t understand their insurance coverage or are uncertain of what to expect when filing a claim from their insurer. In some cases, legal assistance may be required to protect the rights and interests of the homeowner.
Understanding when to hire a lawyer for a property damage claim can help ensure that you are on the right path and that your claim will be successful.
Claims for Property Damage
A property damage claim could also include damage to the contents of the home and lost income.
Some insurance policies cover contents, business interruption, and property damage. An insurer could try its best to delay or deny compensation. This is when a homeowner must find a lawyer to represent him in an insurance claim for property damage.
The most common reasons to hire a lawyer for an insurance claim for property damage are:
- The insurance company is taking too long to pay the claim or is acting in bad faith
- The insurer’s settlement offer is unreasonably low;
- The insurer has denied a valid claim
Property damage can put many property owners (residential and commercial) under a lot of stress.
You can get legal advice from insurance lawyers or property damage lawyers to assist you with your claim. Your lawyer will make sure to negotiate and fight for your rights with your insurer so you can get the compensation you are entitled to.
If you think your insurer has acted in bad faith, delayed your claim payment, or has underpaid your claim, find a lawyer using our short online form!