How to repair the damage?
To begin with, how to compensate for moral damage, as it is more difficult than to compensate for material. This is a civil case, therefore, the judge’s attitude to the issue that is being discussed is important here.
For starters, you need to be well prepared for this process. Think about the extent to which you have suffered and whether or not you really need to start this process. If you are experiencing, even the slightest doubt, it is better to abandon this idea.
Take a detailed study of their rights, choose the wording that will justify your case. Your goal is to prove to the judge that you have suffered and need to be compensated. Decide how much you will ask for compensation. Consult with a lawyer, let him correct your numbers.
Talk to the defendant before you go to court. He should be aware of your requirements and the amount you expect to receive from him. So the defendant will have time to think about the situation, and it will be resolved faster than if he finds out all the information at the court session.
Decide on your decisions and do not change them during the discussion. Conditions and amount of compensation can not be changed. No need to deviate from your opinion in court, defend it. Otherwise, you will never convince the judge that you have suffered and deserve compensation.
Damage is lost property, right, damage that must be repaired with cash. Compensates for the damage caused to him. Sometimes a single claim is not enough, it is necessary to file a lawsuit in court to compensate for material damage. Stages of preparation:
- Prepare all the documentation that confirms that you suffered losses: an act signed by the participants, a certificate from a government agency, etc.
- Prepare a documentary proof of the extent of the loss: a report from an independent appraiser and estimates.
- Submit documents on expenses for elimination of losses: expenditure warrants, receipts or cash vouchers.
- Make a lawsuit. It must specify:
- The name of the court you are suing. The district court considers applications for more than fifty thousand rubles, the magistrate - less than fifty.
- Addresses and names of the defendant and the claimant.
- Circumstances under which the damage was caused.
- Amount of reimbursement required.
- Evidence of damages.
- Pay the state fee in accordance with the size of the cash claims.
- Submit a claim to the defendant before filing a claim. Maybe he wants to voluntarily pay you all the damages. Send him a registered letter with the notice and the period of damages.
Damage in case of accident
Now about how to repair damage in case of an accident:
- The insured must notify the insurance company of the accident.
- After the accident, leave the car in the same condition as it was in, and wait until the emergency commissioner of the insurance company.
- Apply to the insurance company for damages, together with a copy of the traffic accident certificate from the traffic police and with a copy of the court decision on the case.
- Also in parallel, you can go to court and make demands to the perpetrator of the accident.
Documents for damages:
- Help party accident,
- Scheme of the place where the accident occurred,
- Calculation of the size of the cost of repairing the machine,
- Cash and sales receipts for the purchase of spare parts and repairs,
- The conclusion from the expert that the car has lost its presentation,
- Insurance policy,
- Documents on the payment of evacuation.
Now you know how to compensate for moral and material damage.