Damage is the cost that must be incurred in order to restore damaged, lost property or right. These costs must be reimbursed by the one through whose fault the damage was caused. However, this does not always happen on a voluntary basis. Going to court and enforcement of the decision is required.
Instructions
Step 1
Prepare documents to prove the damage was caused. This can be a certificate from a state body, an act signed by the participants.
Step 2
Prepare documents confirming the amount of losses: estimates, report of an independent appraiser;
Step 3
Attach documents confirming the costs of eliminating the damage: cashier's checks, receipts, debit slips.
Step 4
Write a statement of claim, where it should be stated:
- the court to which the claim is filed. If the damage is less than fifty thousand rubles, such a claim is subject to consideration by a magistrate. If more than fifty, it means by the district court at the place of residence of the defendant or causing damage;
- address and name of the plaintiff and the defendant;
- the circumstances of the damage;
- the amount of monetary claims;
- proof of damage;
- specify Art. 1064 of the Civil Code of the Russian Federation;
- depending on the size of the monetary claims, pay the state fee.
Step 5
Before filing a claim, file a claim with the defendant asking for voluntary damages. This must be done by certified mail with notification. It is advisable to set a time limit for damages.
In the event that the liability of the tortfeasor is insured, the claim can be sent directly to the insurance company.
