Accidents that result in damage to the property of the owner or tenant of a dwelling are not so rare. A citizen who has suffered losses seeks to receive compensation for damage. To do this, first of all, you need to identify the culprit, which may turn out to be both a forgetful neighbor and a communal service that is performing its duties in bad faith.
Necessary
- - certificate of ownership;
- - act of inspection of the accident site;
- - conclusion of an insurance agent or an independent appraiser;
- - estimate of repair work;
- - statement of claim and its copy;
- - duty on the payment of the duty.
Instructions
Step 1
Establish the cause of the accident and its culprit. Either way, call a technician from the management company or other utility company serving your home. He must draw up an act indicating the fact of the accident, its causes and describing the damage caused. Damage is not only ragged wallpaper or peeling ceiling, but also damaged furniture.
Step 2
Identify the culprit of the accident. It can be a neighbor who forgot to turn off the tap, or a utility service that does not fulfill contractual obligations. For example, if a leak happened because the roof outlet is open and the gutters are clogged. The municipality may also be the culprit if it should have allocated funds to repair equipment that failed, but did not.
Step 3
If the apartment is insured, call an insurance agent. He must make a conclusion about the damage caused and indicate the amount of compensation. The procedure for obtaining it in this case is somewhat simplified. However, you can also indemnify for losses if you do not have insurance. Call an independent appraiser whose opinion is just as court-legal as a document issued by an insurance company agent.
Step 4
Consideration of a lawsuit is a rather long matter. You will have time to make repairs. It is best to contact a reliable construction or repair company. There they will draw up an estimate for you, which must also be attached to the statement of claim.
Step 5
Try to go to the housing maintenance office with a statement. Write that as a result of an accident that occurred for such and such a reason, you suffered material damage. You are asking to voluntarily reimburse you for damages. Most likely, the company will not do this, but you will need to indicate the fact of refusal in a lawsuit.
Step 6
Write a statement of claim. The magistrate may have ready-made forms, but if they are not, draw up the document yourself. In the upper right corner, write: "To the magistrate of the site number_". In this situation, you are the plaintiff, which must be indicated under the court area number. Indicate your last name, first name and patronymic in full, mailing address. Write your exact passport details, place of residence and contact phone number. Under your details, write the word "Defendant" and the name of the organization you are suing.
Step 7
Title the document as "Statement of Claim for Damage Caused by Such and Such Circumstances." In the main text, indicate that you are the owner of the dwelling located at the specified address. Write that the emergency happened due to the fault of the communal service, which in your case is the operating organization. Indicate which premises were damaged, their area and what exactly was damaged. Fill in the amount of damage from the opinion of the independent expert or insurance agent. Please note that you are enclosing this document with your application.
Step 8
Indicate how much damage you suffered in total and what constituents it consists of. Take the data from the estimate of the repair work. Add to this the cost of damaged furniture, books, and other items. Note that you are enclosing an estimate of the repair work, by which organization and when it was drawn up.
Step 9
Note that the defendant's guilt is established by an act of inspection of the accident site and that you are enclosing the required document. Indicate that you applied to the management company with an offer to voluntarily reimburse losses, but were refused.
Step 10
If necessary, petition to summon a witness. The petition must be written right there, in the text of the application. Indicate the last name, first name and patronymic of the possible witness, as well as his address. Make a list of applications. It must include an inspection report, an expert opinion, an estimate of repair work, a copy of a certificate of ownership, a second copy of the statement of claim and a receipt for payment of state duty.
