COMPENSATION FOR MATERIAL DAMAGE DUE TO FLOODING

Our life is unpredictable and consists of many unpleasant situations. One of these is the bay of the premises by neighbors. It is not pleasant and financially costly to eliminate all these problems. But you need to understand and how to act correctly in such situations. Since the guilty party does not always voluntarily compensate for material damage. Compensation for future property damage depends on how well the flood victim reacts to this situation.

How to start?

• Step 1. Fixing the fact of flooding

In order to be able to compensate for property damage in the future, it is necessary to record the fact of flooding. To do this, you need to contact the balance holder of the room. It can be OSMD or ZhEK. Representatives of the balance holder are obliged to inspect the premises as part of the commission and draw up an act of flooding.

It is important that the act indicates the fact of flooding and the reasons why it happened. The act should also indicate what kind of damage was caused (damaged repairs, furniture, etc.). If the party through whose fault the flooding occurred refuses to sign the act, then this should also be indicated. The act is signed by all members of the commission. One copy of the act is issued to the owner of the flooded premises. In the future, the drawn up act will be one of the main evidence for compensation for property damage as a result of flooding.

• Step 2. The amount of expenses incurred.

To compensate for property damage as a result of flooding, you need to know how much it was caused. To do this, you can order an expert study and, based on its conclusion, understand the harm caused. Or you can provide, as expenses incurred, an estimate compiled by a construction organization that restored the premises after pouring.

• Step 3. Pre-trial settlement of the dispute.

Having in hand an act of damage and determining the amount of expenses incurred, you can turn to the guilty party with a proposal to compensate for the damage voluntarily. This will take less time and save the guilty party the money they will incur as a result of litigation.

• Step 4. Going to court.

If it is impossible to recover property damage caused by flooding on a voluntary basis, it remains to go to court. At this stage, it is necessary to find a lawyer who will help prepare the application and the need to represent interests in court. It is imperative to add to the statement of claim an act on filling the apartment, an estimate of the costs incurred and, if there is evidence, confirming the settlement of the dispute in a pre-trial order.

Also, when filing a claim, it is necessary to pay a court fee in the amount of 1% of the amount of property compensation as a result of flooding.

Therefore, there is a way out of every problem situation, the main thing is to approach its solution correctly. If you need compensation for property damage due to filling the apartment, do not neglect legal assistance. After all, the specialist will not only advise, but also assist in obtaining evidence and preparing the pre-trial case.