What is a claim for damages, and can you claim for damages to your home?
Short answer. A claim for damages is a demand for money from the person or business responsible for harm, such as a contractor who damaged your house or a driver who hit it. It is different from a claim to your own insurer, which pays under your policy regardless of fault. You can often do both, and your insurer may then pursue the responsible party.
First party and third party claims
- First party: you claim against your own homeowners policy. Fault does not matter; coverage and your deductible do. Storm damage is almost always first party.
- Third party: you claim against someone else, usually through their liability insurance, because they caused the damage. You must show they were at fault.
Home examples
- A contractor's crew drops a dumpster on your driveway or leaves a roof open before a rainstorm.
- A neighbor ignored a visibly dead tree that later fell on your house.
- A driver runs into your garage or fence.
In these cases you can usually file with your own insurer to get repairs moving, pay your deductible, and let the insurer recover its payment from the responsible party through subrogation. If it recovers, you may get your deductible back.
Building a damages claim
- Photos and video of the damage and the cause.
- Written estimates or invoices for repair.
- Names, insurance information and any written admissions.
- A written demand stating what happened and what you are asking for.
Deadlines
Georgia generally allows four years to sue for damage to real property, but your own insurance policy often sets a much shorter deadline for disputes with the insurer, and claims against a city or county carry short notice requirements. See roof claim deadlines in Georgia and how to file a roof claim. For anything contested, talk to a Georgia attorney.