Compensation for damage caused to the property of citizens
The owner of the property has the right to demand compensation for damage caused to his property (Article 1064 of the Civil Code of the Russian Federation). The guilty person must indemnify in full. The compensation is the provision of a similar thing or monetary compensation.
If the culprit refuses to voluntarily compensate for the damage, it is advisable to involve the lawyers of DTK Partners.
Compensation for damage caused to the property of citizens
Popular situations of damage to property of the owner are:
- flooding of the apartment with neighbors from above;
- accident;
- fire;
- destruction of property;
- natural disasters (storm, hurricane, earthquake);
- accident of the sewer system or water supply and heating systems;
- mechanical effects (falling trees, flying objects and their parts).
Compensation for damage to property varies depending on whether the property has been insured. If there is an insurance contract, the damage is reimbursed by the insurance company. If the amount is insufficient to restore or acquire new property, it is possible to recover the difference from the guilty person.
In the absence of an insurance contract, payment can be made only from the perpetrator. In some cases, the court provides for the possibility of receiving payments from third parties. For example, if the culprit of the incident is an incompetent citizen, a minor child or a person who could not be aware of the consequences of the actions.
Legal Services regarding the compensation of damages
The peculiarity of recovering compensation for damages caused to property of citizens is the need to prove a causal relationship. The plaintiff must prove that the damage was caused precisely by the actions of the defendant.
To do this, you may have to conduct an examination or obtain witness statements.
The procedure for recovering damage is quite complicated. Any mistake of the applicant will lead to negative consequences.
A competent lawyer will help to increase the likelihood of a positive decision.
The specialist will provide the following services:
- will analyze documents and assess the appropriateness of the proceedings;
- help in collecting evidence;
- prepare and submit a claim to the culprit of the incident;
- draw up a lawsuit;
- help to draw up a settlement agreement;
- represent the interests of the client in litigation;
- exercise control over the enforcement of the judgment.
Assistance from DTK Partners Agency
Legal practice shows that even with strong evidence, the plaintiff may be refused. Our specialists have many years of experience in recovering compensation for property damage to citizens in Moscow and beyond. With our lawyers, your chances of getting paid increase.
Our specialists will provide support in the following situations:
- Pre-trial dispute resolution.
- Approval of a settlement in a court.
- Recovery of compensation through the courts.
