The issues related to property damage are varied, because damage can occur both in traffic accidents and flooding of residential premises or as a result of committed crimes. But there are common features of reimbursement and valuation that link all of these cases.
Compensation for property damage
Property damage is understood as causing damage to someone else's property as a result of damage or destruction. This harm can be caused to both an individual and a legal entity. In accordance with the law, damage to property must be compensated in full.
But there are exceptions that exempt from liability for material damage caused. For example, an accident, with an insured vehicle, the guilty person compensates for the damage only to the part that does not cover the insurance payment. In the case of an accident, there must be a court order on the conviction of the accident. If a crime has been committed, there must be a court verdict that can confirm this. Only after this is it possible to ask for compensation for damage. When a simple protocol is drawn up in the event of an accident, this only gives the likelihood of recognition of the fact of damage by the court.
According to the law, citizens are responsible for the damage caused by them personally. But here, too, there are deviations from the general rules, if children have caused damage to property, then the parents or institutions under whose supervision the children were placed are responsible. But if at the time of reaching the age of 18 the damage has not been paid, and the persons responsible for the child are not able to compensate for it, then the violator, if there is sufficient property, can be brought to justice.
Damage caused by the fault of a civil servant is paid by the state from budget funds.
Property damage assessment
Assessing property damage is not an easy task and often requires the help of a professional appraiser. Usually, the assessment is carried out through the court at the initiative of the party that wishes it. Further, the court appoints an examination, which is paid by the initiator for the assessment.
An out-of-court appraiser's report may be rejected as the law states that an appraisal must be carried out by a court-ordered expert who has passed the certification.
Also, before proceeding with a court case, it is possible to contact a notary, who has the right to appoint an examination to assess the damage. The expert conducting the examination must have a certificate giving the right to engage in appraisal activities.
In court, the plaintiff must prove the fact of causing material damage, and the defendant must prove that the damage was caused through no fault of his. If both parties acknowledge the fact of damage, then the question will be only in the amount of compensation for harm.
