Use this property damage guide to build a clear demand letter for Miami.
Property Damage Claims in Miami: Your Complete Guide to Recovering Compensation Under Florida Law
Miami's unique environment, combining tropical weather conditions, dense urban development, and active construction throughout Miami-Dade County, creates numerous situations where property damage can occur. From hurricane damage affecting homes in Coral Gables to vehicle collisions damaging storefronts in Little Havana, from construction debris damaging vehicles in Brickell to flooding affecting condominiums in Miami Beach, property owners and renters in South Florida face significant risks to their personal and real property. Understanding your legal rights when your property is damaged by another party's negligence or intentional acts is essential for obtaining fair compensation.
Florida law provides clear remedies for property damage caused by others, whether the damage results from negligence, intentional conduct, or strict liability activities. The legal framework establishes that when someone's actions or failures cause damage to your property, they are responsible for compensating you for the cost of repair or replacement, loss of use during the repair period, and any consequential damages flowing from the property damage. This principle applies whether the damaged property is a vehicle, a home, business equipment, personal belongings, or any other type of property.
Miami-Dade County's diverse landscape presents unique property damage scenarios. The construction boom in areas like Wynwood and downtown Miami creates risks from falling debris, structural damage to neighboring properties, and damage from construction vehicles. The waterfront properties along Biscayne Bay and Miami Beach face risks from flooding, erosion, and maritime activities. The high-traffic roadways throughout the county result in frequent vehicle damage incidents. Understanding how to document damage, identify responsible parties, and pursue claims is crucial for Miami property owners.
This comprehensive guide is designed for Miami residents and property owners who have suffered property damage caused by another party and need to understand their rights under Florida law. We will examine the statutory framework for property damage claims, explain how to document your losses, detail the evidence needed to support your claim, identify critical deadlines, and provide guidance on crafting effective demand letters. Whether your property damage resulted from a car accident, construction activity, vandalism, or any other cause, this guide provides the knowledge you need to pursue fair compensation.
The financial impact of property damage can be substantial. Vehicle repairs in Miami can cost thousands of dollars, and delays in receiving compensation can result in additional expenses for rental vehicles or alternative transportation. Damage to homes or businesses can disrupt daily life and commerce while creating ongoing expenses. A well-documented claim, supported by proper evidence and presented effectively to insurance companies or in court, is essential for recovering the full compensation you deserve.
Florida Property Damage Law: Legal Basis for Compensation in Miami
Florida's legal framework for property damage claims is primarily based on common law negligence principles, supplemented by statutory provisions addressing specific situations. Understanding the legal elements required to establish a property damage claim is essential for Miami property owners seeking compensation.
To recover for property damage under Florida negligence law, you must prove four elements: duty, breach, causation, and damages. The at-fault party must have owed a duty of care regarding your property, breached that duty through action or inaction, caused the damage as a direct and proximate result of the breach, and you must have suffered actual damages. For most property damage claims, these elements are straightforward when the facts clearly show who caused the damage.
Florida follows a modified comparative negligence system under Florida Statutes Section 768.81, as modified by HB 837 effective March 24, 2023. If you are found to be partially at fault for the property damage, your recovery is reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover any damages from the other party. This makes establishing clear evidence of the other party's fault important in property damage cases.
The measure of damages for property damage in Florida is generally the cost of repair or, if the property cannot be repaired or the repair cost exceeds the property's value, the fair market value of the property immediately before the damage occurred. Under Florida common law, you are entitled to recover the lesser of repair cost or diminution in value, but courts also consider whether repairs are practical and whether the property had unique value.
Florida Statutes Section 772.11 provides for treble (triple) damages when property damage results from theft or criminal acts. If someone intentionally damages or steals your property, and the conduct constitutes a crime under Florida law, you may recover three times your actual damages plus attorney's fees and costs. This provision creates significant deterrent and recovery potential for victims of intentional property damage.
Loss of use damages are recoverable in Florida when you are deprived of the use of your property during the repair period. For vehicles, this typically means reasonable rental car costs for the period your vehicle was being repaired. For other property, loss of use damages are measured by the reasonable rental value of similar property or the economic loss resulting from being unable to use the property.
Diminished value claims are recognized in Florida for vehicles that have been repaired after collision damage. Even after proper repairs, a vehicle with an accident history has reduced resale value. Florida allows recovery of this inherent diminished value as an element of damages, though proving the amount requires appraisal evidence.
Florida Statutes Section 95.11(3)(h) establishes a four-year statute of limitations for property damage claims. You must file suit within four years from the date the damage occurred, or your claim is barred. For continuing damage, the limitations period may run from the date the damage is discovered or reasonably should have been discovered.
Strict liability applies to property damage in certain situations. Dog owners are strictly liable for damages caused by their dogs under Florida Statutes Section 767.04, including property damage from dog attacks. Blasting and other ultrahazardous activities create strict liability for resulting property damage regardless of the care exercised. Construction defect claims may involve strict liability for defective products incorporated into buildings.
Insurance coverage plays a significant role in property damage claims in Miami. Auto insurance policies provide property damage liability coverage, typically with minimum limits of $10,000 under Florida law, though this may be insufficient for significant damage. Homeowner's and commercial property policies may cover damage caused by covered perils. Identifying all available insurance coverage is essential for maximizing recovery.
Step-by-Step Guide to Creating a Property Damage Demand Letter in Miami
As soon as property damage occurs, begin documenting the damage before making any repairs. Take photographs from multiple angles, capturing both close-up details and wide shots showing the extent of damage. Video the damaged property while narrating what you observe. Document the date, time, and circumstances of the damage. If the damage resulted from an incident such as a car accident, photograph the entire scene including any contributing factors like road conditions or obstructions.
If the property damage resulted from a crime such as vandalism, theft, or criminal mischief, file a police report with the Miami-Dade Police Department or appropriate municipal police department. For vehicle accidents, Florida Statutes Section 316.066 requires reporting accidents involving property damage exceeding $500 to law enforcement. Obtain the report number and later request a copy of the official report. These reports provide official documentation and may identify responsible parties.
Determine who caused the property damage and gather their information. For vehicle damage, this includes the other driver's name, address, phone number, insurance company, and policy number, all of which should be on the crash report. For other property damage, identify the property owner, business, contractor, or individual responsible. Search Florida Division of Corporations records for business information. Determine whether the responsible party has insurance that would cover your claim.
Get at least two to three repair estimates from reputable repair facilities or contractors. For vehicle damage, obtain estimates from established auto body shops in Miami-Dade County. For structural or home damage, get estimates from licensed contractors. Estimates should be detailed, itemizing parts, materials, and labor costs. If the property may be a total loss, obtain an appraisal of the property's fair market value before the damage occurred.
Determine your total damages comprehensively. Start with repair costs based on your estimates. Add loss of use damages such as rental car costs or rental equipment costs for the period you were deprived of use. Include any consequential damages such as towing costs, storage fees, or other expenses directly resulting from the damage. If claiming diminished value for a vehicle, obtain a diminished value appraisal from a qualified appraiser.
Compile all documentation supporting your claim. This includes photographs and videos of the damage, the police report or crash report, repair estimates, rental receipts, towing and storage invoices, proof of ownership such as title or registration, and any communications with the responsible party. For real property damage, include property records and any relevant insurance documentation.
Prepare a professional demand letter addressed to the responsible party and, if applicable, their insurance company. Include your contact information and the date. Clearly describe the property that was damaged and how the damage occurred. Reference any police report or crash report numbers. Explain how the responsible party is liable for the damage under Florida negligence law. Itemize your damages with supporting amounts for each category.
State the total amount you are demanding. Break down the demand into categories: cost of repair or replacement, loss of use damages, diminished value if applicable, and any consequential damages. Attach copies of supporting documentation for each category. The itemization demonstrates that your demand is based on documented losses, not arbitrary amounts.
Provide a specific deadline for response, typically 30 days from the date of the letter. State the deadline as a specific calendar date. Indicate that if satisfactory response is not received by the deadline, you will pursue legal remedies including filing suit in the appropriate Miami-Dade County court. This creates urgency and establishes a timeline for escalation.
Include references to Florida law supporting your claim. Cite Florida's negligence principles and the responsible party's duty of care. If the damage resulted from criminal conduct, reference Florida Statutes Section 772.11 and your right to treble damages. Mention the four-year statute of limitations under Florida Statutes Section 95.11(3)(h) to demonstrate your claim is timely.
Send your demand letter via USPS Certified Mail with Return Receipt Requested to create proof of delivery. Send copies to both the responsible party directly and their insurance company if known. Keep the certified mail receipt and the green return receipt card when returned. Also consider sending a copy via email if you have the recipient's email address. Maintain copies of all correspondence.
If you receive no response by your deadline, send a brief follow-up letter noting the missed deadline and reiterating your intent to pursue legal action. If the responsible party or their insurance company responds with a counteroffer, evaluate it carefully against your documented damages. Be prepared to negotiate, but do not accept an offer that fails to compensate your actual losses.
Essential Evidence for Property Damage Claims in Miami
Photographic and Video Documentation: Visual evidence is the foundation of any property damage claim. Photograph the damaged property immediately, before any repairs are made. Take wide-angle shots showing the overall extent of damage, medium shots providing context, and close-ups showing specific damage details. Include photographs of any identifying information such as serial numbers, VINs, or model numbers. Video provides additional context and allows you to narrate what you are observing. Date-stamp photographs or note the date and time when taken. Photograph any evidence of the cause of the damage, such as debris, tire marks, or fallen objects.
Police and Crash Reports: Official law enforcement reports provide authoritative documentation of property damage incidents. For vehicle damage from traffic accidents, obtain the Florida crash report from the investigating agency, whether Florida Highway Patrol, Miami-Dade Police Department, or municipal police. For criminal damage such as vandalism or theft, obtain a copy of the police report. These reports contain information about responsible parties, witness statements, and the investigating officer's observations and conclusions.
Repair Estimates and Invoices: Obtain detailed written estimates from qualified repair professionals. For vehicles, use established auto body shops with good reputations. For property damage, use licensed contractors appropriate to the type of damage. Estimates should itemize parts, materials, labor, and any subcontracted work. If repairs have been completed, keep all invoices showing actual repair costs. Multiple estimates from different sources help establish that your claimed costs are reasonable and consistent.
Proof of Ownership and Value: Document your ownership of the damaged property. For vehicles, the title and registration establish ownership. For personal property, receipts, credit card statements, or photographs showing the property before damage help establish ownership and pre-damage condition. For real property damage, property records from the Miami-Dade County Property Appraiser establish ownership. Appraisals may be necessary to establish value for total loss situations.
Loss of Use Documentation: If you incurred expenses while deprived of use of your property, document those costs. Keep rental car agreements and receipts showing daily rates and total costs. Document the period between when your property was damaged and when it was repaired or replaced. If you declined a rental and instead suffered inconvenience or economic loss, document those circumstances as well.
Diminished Value Appraisals: For vehicles that have been repaired after collision damage, a diminished value appraisal establishes the reduction in resale value due to the accident history. Hire a qualified vehicle appraiser who can prepare a written report explaining the methodology and conclusions. The report should reference comparable sales data and industry standards for calculating inherent diminished value.
Witness Statements: If anyone witnessed how the property damage occurred, obtain their contact information and written statements. Witnesses can corroborate your account of the incident and help establish the responsible party's fault. Statements should include the witness's full name, contact information, their relationship to the parties if any, what they observed, and their signature and date.
Correspondence and Communications: Maintain a file of all communications related to the property damage claim. Save emails, text messages, and letters to and from the responsible party, their insurance company, repair facilities, and others. Document phone conversations with notes including date, time, participants, and the substance of the conversation. This correspondence can establish the other party's knowledge, admissions, or bad faith handling of your claim.
Pre-Damage Condition Evidence: Evidence of the property's condition before the damage helps establish the extent of loss. For vehicles, maintenance records show the vehicle was well-maintained. Photographs from before the incident show pre-existing condition. For personal property, original receipts or photographs establish what you owned and its condition. For real property, prior inspection reports or photographs document pre-damage condition.
Critical Deadlines for Property Damage Claims in Florida
Property Damage Statute of Limitations: Florida Statutes Section 95.11(3)(h) establishes a four-year statute of limitations for actions to recover damages for injury to property. This means you must file a lawsuit within four years from the date the property damage occurred. If you fail to file suit within this period, your claim is permanently barred regardless of its merit. Do not wait until near the deadline, as preparing a lawsuit takes time and evidence becomes harder to obtain as years pass.
Discovery Rule for Latent Damage: In some cases, property damage is not immediately apparent. Florida courts have applied the discovery rule to property damage claims, holding that the statute of limitations begins to run when the damage is discovered or reasonably should have been discovered through due diligence. This is particularly relevant for construction defect cases where damage may not manifest for years after the defective work was performed.
Insurance Claim Filing Deadlines: If you are filing a claim with your own insurance company, your policy likely contains deadlines for reporting losses and filing claims. Many policies require prompt notice of loss, often within 30 to 60 days. Failure to comply with policy deadlines can result in denial of coverage. Review your policy terms carefully and report losses promptly even while you investigate whether another party is responsible.
Vehicle Damage Insurance Deadlines: For vehicle damage claims against the at-fault driver's insurance, there is no specific statutory deadline for filing the claim, but you should file promptly. Evidence deteriorates over time, witnesses become unavailable, and insurance companies become more skeptical of delayed claims. File your claim as soon as you have documented your damages.
Demand Letter Response Period: When you send a demand letter, allow a reasonable time for response, typically 30 days. This period allows the responsible party or their insurer to investigate your claim and respond. After the deadline passes without satisfactory response, you may proceed to file suit. There is no legal requirement that you wait beyond the period specified in your demand letter.
Small Claims Court Timeline: For property damage claims up to $8,000, Miami-Dade County Small Claims Court provides an expedited process. After filing, the clerk sets a pretrial conference within 30 to 45 days. If the case does not settle at the pretrial conference, a trial date is set. The entire process typically takes two to four months from filing to judgment in contested cases.
Florida's Notice Requirements for Government Claims: If the property damage was caused by a governmental entity or employee, special notice requirements apply under the Florida Tort Claims Act, Florida Statutes Section 768.28. You must provide notice to the appropriate governmental entity before filing suit. For state agencies, provide notice to the Department of Financial Services and the affected agency. For local governments like Miami-Dade County, provide notice to the appropriate department.
Conversion of Rental to Ownership for Loss of Use: Courts typically limit loss of use damages to a reasonable repair period. If you are claiming rental costs, the period should correspond to the actual time needed for repairs, not extended delays. If you unreasonably delay repairs, the responsible party may argue that extended loss of use claims are not their responsibility.
Appeals Deadline: If your case goes to trial and you receive an unfavorable judgment, Florida Rule of Appellate Procedure 9.110 requires filing a notice of appeal within 30 days of the rendition of the judgment. Missing this deadline waives your right to appeal.
Common Mistakes to Avoid in Miami Property Damage Claims
Failing to Document Damage Before Repairs: One of the most damaging mistakes is repairing property before thoroughly documenting the damage. Once repairs are made, visual evidence of the damage is lost. Always photograph and video the damage extensively before beginning any repairs. If emergency repairs are necessary to prevent further damage, document as much as possible first and photograph the emergency repairs as they are made.
Not Obtaining Multiple Repair Estimates: Relying on a single repair estimate can undermine your claim. Insurance companies and opposing parties may argue that a single estimate is inflated or unreasonable. Obtain at least two to three estimates from reputable repair facilities to establish that your claimed costs are reasonable and consistent with market rates in Miami-Dade County.
Waiting Too Long to Pursue the Claim: Delay weakens property damage claims in multiple ways. Witnesses become unavailable or forget details. Physical evidence is lost or altered. The responsible party may dispose of assets or become harder to locate. Insurance companies view delayed claims with suspicion. Begin your claim promptly after the damage occurs, even if you are still obtaining estimates and documentation.
Accepting the First Insurance Offer Without Evaluation: Insurance companies are motivated to minimize payouts and often make initial offers below the full value of the claim. Do not accept an offer without carefully evaluating whether it covers all your damages including repair costs, loss of use, diminished value, and consequential damages. Counter with your documented damages if the offer is insufficient.
Failing to Claim All Elements of Damages: Many property damage claimants focus only on repair costs and overlook other recoverable damages. Loss of use damages for the period you were deprived of your property are recoverable. Diminished value claims for vehicles are recognized in Florida. Consequential damages such as towing, storage, or related expenses are recoverable. Calculate all your damages comprehensively.
Not Preserving Evidence of the Responsible Party's Fault: Proving liability requires evidence of what caused the damage and who is responsible. If the damage resulted from a car accident, the crash report and scene photographs establish fault. If the damage resulted from construction activity, document the construction site and identify the contractor. If the damage resulted from someone's negligence, gather witness statements and evidence of the unsafe condition or conduct.
Miscommunicating with Insurance Adjusters: When speaking with insurance adjusters, particularly the at-fault party's insurer, be cautious about what you say. Do not admit fault or speculate about causes you are unsure of. Do not provide recorded statements without preparation. Stick to facts and do not exaggerate. Statements you make may be used to reduce or deny your claim.
Forgetting to Consider Diminished Value: For vehicles that have been repaired after collision damage, the repair does not restore full value. A vehicle with an accident history has reduced resale value regardless of repair quality. Florida recognizes inherent diminished value as a recoverable damage. Obtain a diminished value appraisal and include this in your claim.
Not Understanding Florida's Comparative Negligence: If you are partially at fault for the property damage, your recovery is reduced under Florida's modified comparative negligence system. If you are more than 50% at fault, you cannot recover anything. Be aware of any potential arguments that you contributed to the damage, and gather evidence to refute such claims.
Sending Unprofessional or Threatening Demand Letters: Your demand letter should be professional, factual, and grounded in law. Avoid emotional language, threats beyond legitimate legal action, or exaggerated claims. An unprofessional letter undermines your credibility and may be used against you if the case goes to court.
Frequently Asked Questions: Property Damage Claims in Miami
Florida Statutes Section 95.11(3)(h) provides a four-year statute of limitations for property damage claims. You must file a lawsuit within four years from the date the damage occurred. However, you should pursue your claim much sooner to preserve evidence and increase your chances of successful recovery. Insurance claims should be filed promptly according to your policy terms.
You can recover the cost of repair or, if the property cannot be repaired economically, the fair market value of the property before the damage. You can also recover loss of use damages for the period you were deprived of your property, such as rental car costs. For vehicles, diminished value representing the reduced resale value after repairs is recoverable. Consequential damages like towing and storage fees are also recoverable.
Yes, obtaining two to three repair estimates from reputable facilities is strongly recommended. Multiple estimates establish that your claimed repair costs are reasonable and consistent with market rates. Insurance companies and opposing parties often challenge single estimates as excessive. Having consistent estimates from multiple sources strengthens your claim.
Diminished value is the reduction in a vehicle's resale value after it has been repaired from collision damage. Even with perfect repairs, a vehicle with an accident history is worth less than an identical vehicle with no accident history. Florida recognizes inherent diminished value as a recoverable damage. You should obtain a diminished value appraisal from a qualified appraiser to document this loss.
You can file a lawsuit directly against the responsible party personally. If they have assets, you may be able to collect a judgment against them. However, collecting from an uninsured individual may be difficult if they lack non-exempt assets. For vehicle damage, check whether you have collision coverage or uninsured motorist property damage coverage on your own policy that might apply.
Under Florida's modified comparative negligence system effective March 2023, you can recover damages if you are 50% or less at fault, but your recovery is reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover any damages from the other party. Establishing clear evidence that the other party caused the damage is important.
If property damage resulted from theft, vandalism, criminal mischief, or other criminal conduct, Florida Statutes Section 772.11 allows you to recover three times your actual damages plus attorney's fees and court costs. This treble damages provision creates significant deterrent and recovery potential. File a police report to document the criminal conduct.
Loss of use damages are proven by documenting the period you were deprived of use of your property and the reasonable rental value of substitute property during that period. For vehicles, keep rental car receipts and document the dates your vehicle was being repaired. The rental period should correspond to a reasonable repair timeline. Courts may reduce loss of use claims for unreasonable delays in completing repairs.
What to Expect When Settling Property Damage Claims in Miami
Settlement expectations for property damage claims in Miami depend on several factors including the type and extent of damage, the clarity of liability, available insurance coverage, and the quality of your documentation. Understanding realistic expectations helps you evaluate settlement offers and make informed decisions about your claim.
Vehicle damage claims are among the most common property damage matters in Miami-Dade County. For straightforward collision cases with clear liability, settlements typically cover repair costs based on reasonable estimates, rental car expenses during the repair period, and potentially diminished value. Insurance companies use repair estimate software and may try to direct you to their preferred shops. You have the right to use the repair facility of your choice, though the insurer may dispute costs exceeding their estimate.
For vehicle total loss situations, the insurance company pays the actual cash value of the vehicle immediately before the damage, less any applicable deductible. Disputes often arise over valuation. Insurance companies use databases that may undervalue vehicles, particularly those in excellent condition or with desirable features. You can challenge valuations by providing evidence of comparable sales, documentation of the vehicle's condition and features, and independent appraisals.
Real property damage claims involve additional complexity. Damage to homes or buildings may require extensive repairs, and disputes can arise over repair scope, contractor selection, and whether damage was pre-existing. Insurance adjusters may attempt to minimize covered damage. Document the property's pre-damage condition and obtain estimates from licensed contractors. Litigation may be necessary for significant disputes.
Settlement negotiations typically proceed as follows: you submit your demand with supporting documentation; the insurer or responsible party investigates and responds with an offer, often below your demand; you counter with arguments and evidence supporting your position; and negotiations continue until agreement is reached or you decide to file suit. Most property damage claims settle without litigation, but the threat of litigation often motivates reasonable settlement offers.
Recovery expectations vary based on documentation quality. Claims supported by detailed photographs, multiple consistent repair estimates, and clear evidence of the other party's fault command higher settlements. Claims with incomplete documentation, delayed reporting, or ambiguous liability face steeper resistance and lower offers.
For smaller claims, Miami-Dade County Small Claims Court provides an accessible forum. Claims up to $8,000 can be filed with modest filing fees, no attorney required, and relatively quick resolution. Many defendants and their insurers prefer to settle rather than defend small claims actions.
Insurance coverage limits can cap recovery regardless of actual damages. Florida's minimum property damage liability coverage of $10,000 may be insufficient for significant damage to newer vehicles or multiple-vehicle accidents. If damages exceed available coverage, you may need to pursue the responsible party personally, though collecting from individuals with limited assets can be challenging.
Miami Property Damage Resources and Contacts
Florida Highway Patrol: For crash reports from state highways and interstates.
Troop E Southeast Florida: (305) 470-2500
Crash Report Portal: flhsmv.gov/traffic-crash-reports
Miami-Dade Police Department: For crash reports and police reports for property crimes.
Main Number: (305) 471-1780
Records Section: (305) 471-2625
Address: 9105 NW 25th Street, Doral, FL 33172
City of Miami Police Department: For incidents within City of Miami limits.
Non-Emergency: (305) 579-6111
Records Section: (305) 603-6370
Address: 400 NW 2nd Avenue, Miami, FL 33128
Miami-Dade County Courthouse (Eleventh Judicial Circuit): Civil litigation including property damage lawsuits.
Address: 73 West Flagler Street, Miami, FL 33130
Phone: (305) 275-1155
Website: jud11.flcourts.org
Miami-Dade County Small Claims Court: For claims up to $8,000.
Main Courthouse: 73 West Flagler Street, Miami, FL 33130
Phone: (305) 275-1155
Website: miami-dadeclerk.com
Florida Department of Financial Services Insurance Consumer Helpline: For complaints against insurers.
Phone: 1-877-693-5236
Website: myfloridacfo.com/division/consumers
Miami-Dade County Property Appraiser: Property records and ownership information.
Website: miamidade.gov/pa
Phone: (305) 375-4712
Florida Division of Corporations: Business entity searches.
Website: sunbiz.org
Phone: (850) 245-6052
Better Business Bureau of Southeast Florida: Business reputation information and complaint resolution.
Phone: (561) 842-1918
Website: bbb.org/southeast-florida
Florida Bar Lawyer Referral Service: Find attorneys handling property damage cases.
Phone: 1-800-342-8011
Website: floridabar.org/public/lrs
Legal Services of Greater Miami: Free legal assistance for income-eligible residents.
Phone: (305) 576-0080
Website: legalservicesmiami.org
The Property Damage Arsenal
Document Everything
Photos, videos, repair estimates… every angle is evidence.
Time Stamps Matter
Before and after proof. Incident reports. The fresher, the better.
Calculate Full Impact
Repair costs, replacement value, lost use… don't underestimate the damage.
Property Damage: The Basics
You're generally entitled to the cost of repair or replacement. Some states allow more.
Florida Property Damage Laws
Applicable Laws
- Florida Negligence Law
- Fla. Stat. § 95.11
Small Claims Limit
$8,000
Consumer Protection Agency
Florida Courts
Damage Control FAQ
When should I act?
Immediately. Document the damage before making any repairs. Photos, videos, and written estimates are essential.
What if they claim no fault?
Let the evidence speak. Witness statements, photos, video footage, and police reports can prove responsibility.
Should I get multiple repair estimates?
Yes. At least 2-3 estimates from reputable providers. This documents fair market repair costs.
Can I claim lost use?
Often yes. If your car was in the shop, you may claim rental costs. If your property was unusable, you may claim loss of use damages.
What if they have no insurance?
You can sue them directly. If the damage was from an auto accident, check your own uninsured motorist coverage.
How long do I have to file a claim?
Statute of limitations varies by state and damage type, typically 2-6 years. Don't delay - evidence degrades over time.
What about sentimental value?
Generally, you can only recover fair market value, not sentimental value. Some exceptions exist for intentional destruction.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.
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