Repairing damage to your property can be costly. When someone else’s actions cause damage to your property, they (or their insurance company) should be responsible for its repair. If the police damaged your property, getting compensation for repairs can be difficult since police have qualified immunity under certain circumstances. Depending on how the damage occurred, the police department, your insurance company, or another party may pay for the damage.
Who pays if the police damaged your property can depend on why the police were on your property and how the damage occurred. You may have to prove police negligence, which can be hard to do alone. A Boca Raton property damage lawyer can prepare a case for you. You can usually get a free claim review to learn more about the law firm you choose and your rights as the property owner.
What Happens if the Police Damage Your Property During a Search?
You might hope or expect the police department to cover the costs of repairing your home after causing damage, but whether or not they are financially liable is a tricky question. Start by understanding why they were on your property in the first place.
Here are some common reasons police damage happens on a private residential or commercial property:
- Car chase: Police were chasing a suspect and crashed into your property, potentially damaging fences, landscaping, and outbuildings.
- Property search: Law enforcement officers were legally searching your property due to suspicions of criminal activity and caused damage while doing so.
- Disrupted search: You or another person on the premises refused to admit police officers with a search warrant or interrupted a search in progress, resulting in a forcible entry.
If the police were acting in the regular course of their duties, they could have immunity for any damage to your real property, meaning they will not bear financial liability. If they were attempting to arrest someone, the criminal may be liable for your property damage. In other cases, your property insurance company may pay for the damage.
Circumstances That Could Entitle You to Compensation for Police Damage
If your private property was damaged due to a police error, you could have grounds for a property damage claim. Some examples of police negligence related to property damage can include:
- Misinformation: Law enforcement officers entered your home due to a mistaken address. This can include an error in all or part of your street address or an incorrect apartment or suite number.
- Unintentional identity errors: Police forced entry due to an unintentional misidentification. An example includes police mistaking your residence for that of another person with the same or a similar name.
- Intentional identity errors: An example of intentional misidentification can include another person maliciously misleading the police (i.e., swatting).
These circumstances could constitute police negligence and entitle you to compensation for your property damage. Consider hiring a property damage attorney who can investigate the situation, clarify your rights, and pursue compensation on your behalf.
What Happens if the Police Damage Your Vehicle While Chasing a Suspect?
Similar to residential or commercial property damage, how and where the car accident occurs plays a role in whether or not you can sue the police department for compensation.
Circumstances that could lead to car accidents include:
- A car chase resulting in the police car or suspect’s vehicle colliding with your car
- A car chase that forces your car off the road, into a structure, or into another vehicle
Cases like these can be complicated legal undertakings. Again, the best way to understand your rights and the police department’s responsibilities is to let a property damage attorney handle your case.
Potentially Costly Consequences of a Police Chase Car Accident
Even a seemingly minor or slow-moving car accident can cause costly damage to your car. A high-speed chase can lead to total vehicle destruction and significant medical bills. A lawyer can help you seek compensation for all the damages you need and deserve. They can assess your damages, document their value, and negotiate for the best possible settlement on your behalf.
Is it Worth Hiring a Lawyer for Property Damage Caused by the Police?
Suing a government agency can be a legal challenge. In most cases, the police are not responsible for destruction of property caused in the reasonable discharge of their duties. However, if police negligence caused your property damage, a lawyer can file a mandatory Notice of Claim, required per Florida Statutes § 768.28(6)(a).
Your attorney can also:
- Conduct an independent investigation: Identifying and documenting police negligence, including duty of care, breach of duty, causation, and damages
- Collect evidence: Obtaining eyewitness statements, video surveillance, and physical evidence like vehicle and road debris
- Handle outgoing communication: All verbal, written, and electronic forms of correspondence
- Handle client communication: Keeping you updated on progress and developments as your case moves forward
- Negotiate for a fair settlement: Fielding and responding to settlement offers, including making counteroffers and fighting to maximize your financial recovery.
Your lawyer may be able to obtain information you might find hard to access without legal assistance, including police body and dash cam footage. They can also help you understand, interpret, and comply with all mandatory notification and filing deadlines.
Compensation a Lawyer Can Recover for Police-Generated Property Damage
In car chase claims, your attorney will clarify the Monell doctrine (42 U.S. Code § 1983) and its application to your case. For clients whose real property was damaged by police, your lawyer will clarify your right to compensation.
By proving police negligence, you may recover:
- The costs to repair or replace your property
- Medical bills if you were injured in the incident
- Wrongful death damages, if applicable
You can usually hire a lawyer to represent you on a contingency fee basis. This fee structure means the law firm will receive a percentage of your recovered damages as compensation. They will cover all upfront costs, and you will pay nothing out of your pocket. If you do not receive compensation, you will not owe any legal fees.
Get a No-Cost, No-Obligation Review of Your Police Property Damage Claim
If the police damaged your property because of mistaken identity, an address error, or in a high-speed chase, you could be entitled to compensation for necessary repairs. We will handle negotiations with involved parties, address the complex legalities of your claim, and pursue fair compensation.
Learn more about who pays if the police damaged your residential or commercial property or vehicle. Contact our case review team at Ged Lawyers for a free initial consultation.
