Source: roadandtrack.com
A Lamborghini SUV crashed into another vehicle and landed on a duplex roof before falling onto the lawn and catching fire, Fort Lauderdale Fire Rescue said.
One person heard Sunday’s crash from a nearby backyard and approached the driver of the white luxury SUV to help him get out of the vehicle. But the driver told the witness to let go and then took off running, according to a police report.
When rescue crews arrived, the SUV was in flames and the driver was gone, according to fire-rescue. One unspecified person involved in the crash suffered minor injuries.
The driver of the silver Nissan who got hit by the Lamborghini had the right of way, according to the report. The report didn’t say whether McQueen was speeding or whether he ran the intersection’s stop sign. The crash happened in the 1100 block of Northwest Seventh Avenue in Fort Lauderdale
PROPERTY DAMAGE
Generally speaking, your property damage costs will be paid by your insurance company. However, if the other driver was at fault and you suffered significant injuries in addition to property losses, you can seek reimbursement through the other driver’s insurance company.
There are two types of property:
- Real property. This is land and things that are permanently attached to it, like a house.
- Personal property, also referred to as “chattels.” This type includes all other kinds of property, such as a car, dishwasher, or computer.
Often the type of property is important for choosing the right legal remedy for seeking compensation.
Before the costs of lost, stolen, or damaged property can be recouped, it has to be assigned a value. This is necessary for an insurance claim or a lawsuit against the responsible party.
Under Florida law, property is assessed a value that is the lesser of:
- The repair, replacement, or restoration cost of the property; or
- The reduction in market value. This equals the difference in market value right before the damage and the value immediately afterward.
FLORIDA INSURANCE COVERAGE
According to Florida law, you must carry $10,000 in PIP and $10,000 of property damage liability. PIP insurance covers yourself, your household family members, and your children if they are involved in a car accident. However, with PIP only being $10,000 and covering 80% of all medical costs, it is normally not enough to cover all necessary costs.
According to the Florida Statute 316.065, motor vehicle accidents must be reported to the police if the crash resulted in injury or death and/or the property damage caused was at least $500 or more. This is easier when the at-fault driver stays present for the police to come to the scene. If you have to deal with a hit-and-run type of crash, pursuing the claim will be different.
For all Miami car accidents, it is important to take photos of the scene of the crash, injuries, and damage to vehicles or other property. This type of evidence is used to gather up costs for all damages that occurred from the accident. When you are filing a claim, having the proper evidence and witness statements can greatly increase your settlement amount.
THE FILING DEADLINE IN FLORIDA
In Florida, a four-year filing deadline applies to any lawsuit seeking the repair or replacement of damaged or destroyed property, whether it’s real property or personal property. Specifically, Florida Statutes section 95.11 says that a four-year time limit applies to the following kinds of civil lawsuits filed in the state’s courts:
- an action based on property damage resulting from the planning of a construction project related to real property, or the actual construction of that project
- an action for taking, detaining, or injuring personal property (which includes damage to everything from vehicles to jewelry, furniture, and most other personal items)
- any action “founded on negligence” (meaning any situation where another person’s carelessness injured you or your property; learn more about Negligence and Fault for Injury), and
- “any action not specifically provided for in these statutes” (meaning this four-year deadline also serves as something of a catch-all time limit for the filing of lawsuits not specifically mentioned elsewhere in the Florida statutes of limitations.)
RECOVERING COMPENSATION FOR PROPERTY DAMAGE
Negligence
Sometimes the loss, theft, or damage to property is due to unreasonable conduct by the at-fault person (the defendant). This is called negligence.
To prove it, the victim must establish these four elements:
- The defendant owes the victim a duty of care.
- The defendant breaches this duty by acting unreasonably under the circumstances.
- The breach causes damage to the victim’s property.
- The value of the damaged property can be assessed.
Negligence is a very common legal basis for recovering property damage when the damage was due to the defendant’s unreasonable conduct instead of a deliberate act. For instance, after a car accident in South Florida, your vehicle might need be badly damaged. If someone else caused the crash, they should be liable for the cost of replacing the vehicle or repairing it.
VALUED POLICY LAW
Florida has a special law pertaining to insurance coverage of specified structures.
This law, at Florida Statute § 627.702, provides:
“In the event of the total loss of any building, structure, mobile home, … or manufactured building … insured by any insurer as to a covered peril, … the insurer’s liability under the policy for such total loss, if caused by a covered peril, shall be in the amount of money for which such property was so insured as specified in the policy and for which a premium has been charged and paid.”
The rationale behind this law is to avoid protracted litigation over the value of the structure and simply requires the insurer to reimburse the insured for the property’s insured amount.
WHO SHOULD I CALL?
For over two decades, the lawyers at Suarez & Montero have been helping accident victims and their families collect just financial compensation and see justice for their injuries and losses.
Call our law firm today at (305) 631-1911 to speak with one of our personal injury lawyers who will be able to inform you of your eligibility towards compensation for your injuries and losses that you may have incurred due to a recent accident.
