According to civil law, the person who caused the damage is obliged to reimburse the amount to the injured party. In this case, the victim calculates the amount of material damage, which is subsequently proven in court, if the perpetrator refuses to pay for it. Lawyers note that this procedure is one of the most difficult, therefore it is necessary to comply with all conditions and collect supporting documents.
Instructions
Step 1
Read the provisions of Art. 15 and Article 1064 of the Civil Code of the Russian Federation, which say that the amount of compensation for harm must be complete and take into account real material damage and lost income. Real damage includes the amount spent on the repair of damaged property, the purchase of drugs and other expenses directly related to the accident. Lost profit or lost income is expressed in the amount of profit that the victim could have received if he did not suffer certain damage. For example, in case of an accident and loss of working capacity, it is necessary to reimburse the amount of unreceived wages.
Step 2
Contact a specialized company that evaluates the damaged property. For example, the definition of damage to a vehicle as a result of an accident. The choice of the appraisal firm should be made jointly by the victim and the perpetrator. If the victim performed this operation on his own, then he is obliged to notify the other party about the date and place of the assessment of material damage. Based on the check, an inspection report is drawn up, which is the basis for calculating refurbishment and loss of the market value of the property.
Step 3
Calculate the amount of material damage based on the valuation report. The size is determined by the cost of refurbishment, the purchase of spare parts, consumables and dyes. In the case of a vehicle, based on the requirements of the vehicle manufacturer, the appraiser determines the need to replace the unit. The cost of painting in this case depends on the degree of damage, if it occupies more than 50% of the surface, then the price for the complete painting of the car is taken into account. Include in the amount of material damage also the costs of paying for the services of appraisers.
Step 4
Collect all documents that support the cost of restoring damaged property. Make a claim in court for compensation for material damage. Further, the amount to be paid is determined by a court order.
