Property Damage Claims involve civil disputes where an individual seeks compensation for damage caused to their real or personal property by another's wrongful act or omission. This is one of the broadest categories of tort law, covering everything from a neighbor flooding an apartment to a car accident destroying a fence or construction work damaging a home's foundation. In Georgia, the principle of compensation implies "restitution to the original state." If restoration is impossible, the value of the property is reimbursed. The main challenge in these disputes is proving not just the fact of damage, but also its exact amount and the causal link. Often, victims fail to receive full compensation due to improper evidence preservation.
What does the Property Damage Claims service cover?
Our service ensures full compensation for damages:
- Fact Documentation: Inspecting the scene, photo/video recording, drafting relevant acts (e.g., with the HOA chairman or police).
- Valuation and Expertise: Engaging the Levan Samkharauli National Forensics Bureau or private auditors to determine the exact monetary value of the damage.
- Identifying the Tortfeasor: Determining the responsible party (e.g., neighbor, construction company, state body).
- Insurance Disputes: If the property is insured, dealing with the insurance company to receive payout.
- Litigation: Filing a lawsuit demanding compensation for damages (including restoration costs).
Common Scenarios and Needs
Property damage often occurs in the following situations: Water Damage (Flooding): An upstairs neighbor's pipe bursts, ruining your renovation, furniture, and appliances. Fire: A fire starting at a neighbor's spreads to your apartment. Construction Works: Nearby construction causes cracks in your walls or foundation settlement. Traffic Accident: A vehicle crashes into your fence, shop window, or car. Vandalism: A third party intentionally damages your property.
Georgian Legislation and Regulations
The general basis for compensation is Article 992 of the Civil Code of Georgia, stating that a person who causes harm to another by an unlawful action must compensate for it. Article 1000 is important regarding property owner liability. For example, if a pipe bursts in an apartment, the owner is liable to the neighbor regardless of direct fault (if the pipe is in their responsibility zone). When determining the amount of damage, the court relies on expert conclusions.
Step-by-Step Process
The first step is drafting an official act of damage (e.g., by patrol police, emergency services, or HOA). Expertise must be conducted immediately before traces are lost or repairs are made. Then a claim is sent to the tortfeasor. If they refuse to pay, the case goes to court. In court, you can claim not only direct damages but also lost profits (e.g., if damaged commercial space can no longer operate).
Why Legal.ge?
Time is crucial when property is damaged. Legal.ge offers lawyers who will promptly intervene, ensure evidence preservation, and organize expertise. We will help you receive full compensation to restore your property. Do not repair property damaged by others at your own expense—turn to Legal.ge.
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