As defined in Virginia Model Jury Instructions, an individual has a right to request compensation for property damage as part of a personal injury case. Property damage is one of the general compensatory elements that is covered in a personal injury case and depending on the case, may be calculated into the case worth if the damage was due to the crash or incident.
Just like any other personal injury case, there is a statute of limitations to file a claim and take legal action. The purpose of this statute of limitation is to ensure that cases are dealt with in a timely manner and to prevent defendants from being unfairly tried years down the line. During this time, evidence could be lost or neglected if too much time has passed. There are three types of losses that are covered in the Virginia Model Jury Instructions. These include total loss, partial loss, and partial, but disputed loss.
Total Loss is when the personal property is completely damaged, and the measure of damages is large enough to where it is not repairable or recoverable. In these cases, an individual may be entitled to the diminished value of the property.
Partial Loss is when the personal property is partially damaged, and the measure of damages is the reasonable cost of repairing the property. Depending on the case, an individual may receive compensation for not just the damage of the property, but also depreciation as well.
Partial, but disputed loss is a combination of the first two. In these cases, property is partially damaged, but it is disputed whether or not the cost of repair exceeds the diminished value of the vehicle. In these cases an individual may be entitled to depreciated value of the vehicle, or the costs of repair and depreciation.
