Damage Claim Definition
A damage claim, defined as the claim of damages, to a liable or insuring company, which result in financial loss from an associated victim party, are a common legal concept. In a damage claim, there is a victim and an alleged damaging party. The damage claim seeks to repair the damages of the victim party when the damaging party is at fault. Usually, damage claims come in the form of monetary payment. Other times, the damaging party is responsible for seeing that the damages are reversed or fixed. In either instance, the damaging party will most likely make a payment, either to the victim or to the service provider who fixes the damage. A full damage claim report will be needed to present the case to vendor, insurer, or court officials.
Damage Claim Explanation
A damage claim is explained as the path to reparations when one has experienced damage at the fault of another. It is common in the personal as well as the professional world. In business, a damage claim is particularly common. In many instances where two businesses are doing commerce with one another, they are connected through material as well as relational means. A damage claim can be made when one party is responsible for damage to the assets or business operations of another.
For example, if a company promises to deliver raw materials at a certain time but does not follow through on the promise, the purchaser can claim damages in the form of lost income. Due to the fact that the reseller was not able to make a sale, and perhaps even lost a client of their own, the vendor would be responsible because they did not fulfill their end of the agreement to deliver.
For example, a vendor can be responsible for reparation through damage claim when they have actually done material damage to an asset. As an example, at times a repair shop can damage other parts of a vehicle then they were asked to work on. In this case, the customer could file a damage claim against the car shop. This damage was done to a material asset rather than a vendor/client relationship.
2 Factors Damage Claims Relies On
Ultimately the success of a damage claim relies on two factors: success in negotiation or success in court. If a damage claim form is being filed with the insurance company of a vendor, the damaged party must persuade the insurer that their case is valid. Whereas if the damage claim is being filed with the actual damaging party, the damaging party must be persuaded that the damage is valid. If this does not occur, a lawyer should be contacted and court proceedings must occur. In this way, damage claims are either a negotiating process or a lawsuit. If an actual lawsuit for damages occurs, the judge and jury must be persuaded that the case is valid and damage has occurred.
Conversely, a damage claim release exists. This form is a contract which releases one party from the damages of another. These agreements occur in business, where one or both parties want to mitigate their risk by removing any occurrence of 3rd party damage.
Damage Claim Example
Jalpa is the owner of a business. Her company, a commercial agents commercial agents firm, sells products for some of the largest manufacturers of industrial supplies in the world. Jalpa has a business which grows off of the manpower and sales skills that it can retain. It uses tools to facilitate this work.
Recently, there has been an issue with one of the tools. As she sent one of the company cars in for work, it was damaged in the auto shop. The damage appears to be very substantial and may render the vehicle out of use. Jalpa blames the shop for the damage.
The shop does not want to be held responsible for the financial responsibility associated. It will not pay Jalpa for the work needed to replace the car. Jalpa knows the shop is responsible, but has few other options. She must hire a lawyer and take suit against the shop. There is no other option.
Jalpa talks to her lawyer. The process will start by sending a formal damage claim letter to the repair shop. She did not want things to come to this, but sees no other choice. She regrets the way things have gone on but has to move forward with her life. Though Jalpa is a nice lady, she sometimes has to take a stand. As she leaves for home that day, she resolves to set this all behind her.