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Property Damage Claims: How Compensation Is Calculated
Did your vehicle, apartment, or equipment sustain damage? Compensation goes beyond just basic repair costs. There are additional components that are important to include in a claim. A personal injury attorney at Lev-Taieb law firm can help you receive full compensation.
Components of Compensation in Property Damage
1. Cost of Repair
The foundation of compensation. Must be supported by professional invoices. Keep all repair invoices. In ongoing reports: verify that invoices cover all work performed. Contractors sometimes list only part of the work in the invoice. Insist on full itemization.
In property damage cases, claims may be filed under the Torts Ordinance, Section 38 (dangerous things) and in many cases under Section 35 (negligence). The defendant must compensate for all damage caused as a result of their act.
2. Depreciation in Value After Repair
Even after full and professional repair, the vehicle’s value declines. Your appraiser (important: not the insurance company’s appraiser) performs a professional assessment. Your appraiser represents your interests, not those of the insurance company. When there is a gap between assessments, you can turn to a deciding appraiser. Calculate depreciation based on vehicle age, market price, and the nature of the damage repaired. In vehicle claims, depreciation of 5–15% of the vehicle’s pre-accident value is common.
3. Loss of Use Days
Days during which the vehicle was in repair and could not be used. You may claim compensation for the cost of renting a replacement vehicle, or theoretical use value based on estimated mileage not traveled during the repair period. Keep receipts for any rental vehicle.
4. Loss of Income from Vehicle
If the vehicle was used for business (commercial, taxi, delivery), you may claim compensation for loss of income during the repair period. Required proof: business invoices, monthly mileage, work contracts, account books. An attorney can help collect the documents.
5. Incidental Expenses
Towing, storage, replacement vehicle insurance, and more. Keep all receipts from the moment of the incident.
How the Compensation Process Works
Appraisals
Your appraiser (important: not the one sent by the insurance company) performs a professional assessment. Your appraiser represents your interests, not those of the insurance company. When there is a gap between assessments, you can turn to a deciding appraiser.
Detailed Invoices
Obtain detailed invoices from the garage. Verify that the invoices cover all work performed. Partial invoices can reduce the compensation.
Demand Letter
An attorney sends a formal demand letter to the other party, with the full damage assessment. A well-crafted letter can lead to an early settlement without going to court.
Your Appraiser vs. the Insurance Company’s Appraiser
The insurance company sends its own appraiser who represents its interests. Sometimes the insurance company’s appraiser assesses less than the actual damage. You have the right to appoint your own appraiser, and in case of a dispute, a deciding appraiser can be appointed.
Common Mistakes That Reduce Compensation
- Not keeping receipts: Without receipts, it is difficult to prove expenses.
- Repairing quickly without documentation: Photograph the vehicle before and after repair.
- Relying solely on the insurance company’s appraiser: They work for them, not for you.
- Not claiming depreciation: This vehicle is sometimes worth thousands of shekels.
- Signing an early file closure: Before receiving all compensation due.
Realistic Figures in Property Damage Claims
Property damage claims in Israel: basic vehicle damage can range from 5,000 to 50,000 NIS depending on the severity of the damage. Depreciation: 3,000–15,000 NIS on average. Loss of use days: 500–3,000 NIS depending on the replacement vehicle’s price. Business income loss: depends on type of business and period of damage.
Frequently Asked Questions
The insurance company offered me less than the actual damage. What do I do?
Turn to your own appraiser for a second opinion. If there is a gap, you can turn to a deciding appraiser, or sue for the difference in court.
My car was declared a total loss. What am I entitled to?
Market value of the vehicle before the damage, minus the salvage value. If the market value assessed is lower than the actual market value, it can be contested.
I suffered depreciation. How do I prove it?
An appraiser’s opinion specifying the damage repaired, the age of the vehicle, and comparable market prices of similar vehicles that have not been in an accident.
My vehicle is used for business. How do I prove income loss?
Business invoices, monthly mileage, work contracts, account books. An attorney can help collect the documents.
My apartment damage is not covered by insurance. What can be done?
You can sue the party responsible for the damage (neighbor, contractor, authority) directly in court. An attorney will examine the circumstances of the incident and help determine who is liable.
I received partial compensation from the insurance company. Does accepting partial compensation affect my right to sue?
Depends on how you accepted the compensation. If you signed a waiver, you may have waived your right to sue. It is important not to sign documents without legal advice. If you simply received money, you can turn to a deciding appraiser, or sue for the difference in court.
For free consultation, contact a personal injury attorney at Lev-Taieb law firm. Phone: 072-2428822.
