In order to receive compensation for material damage, it is necessary not only to prove the very fact of its existence, but also the involvement of the accused in the commission of these actions. The most difficult thing will be to prove that the damage was caused as a result of illegal actions, and not in accordance with the execution of legal actions by the accused and an oversight on the part of the victim.
Necessary
- - legal advice;
- - a claim for compensation for material damage drawn up in accordance with the law;
- - evidence of the damage caused;
- - evidence of the nature of the unlawful actions that caused material damage.
Instructions
Step 1
Claims for compensation for material damage are governed by the Civil Code of the Russian Federation. The only exception is damage or injury involving the employee and the employer. In this case, the situation will also fall within the scope of the Labor Code.
In itself, drafting a claim and filing it in court is not an easy matter, and the above-mentioned type of claim is one of the most complex and difficult to prove. Therefore, in order to achieve the desired result, you will need at least the advice of an experienced lawyer.
Step 2
Any legal or natural person who has suffered as a result of certain illegal actions of another person has the right to claim compensation for the damage caused. Moreover, damage could have been caused both to the material property and other property of this person, and to his personality. Thus, material compensation can also be claimed for causing moral damage.
Step 3
When drawing up a claim for compensation for material damage, it is necessary to indicate the following details:
- the exact date, time and place of the incident that caused the damage;
- details and details of the incident should be described in as much detail as possible;
- it is necessary to provide evidence that the damage was caused;
- proof of the guilt of the accused is also required.
In some cases, for example, when it comes to an accident, it is necessary to assess the damage caused by an authorized person - an appraiser who is a disinterested third party.
Step 4
The proven fact of causing damage does not mean that you will be able to receive any compensation for it. For example, if you park your car near a dilapidated building without paying attention to the warning signs, and your car is damaged, then the Municipality, the Management Company of this building or its owner will not be held liable for the damage caused.
