What to do first if the apartment flooded how to evaluate damage and guaranteed to get compensation. The lawyer Margarita Chernyavskaya was told about the correct order of actions of the IVD.RU.
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The number of apartment buildings is growing, and with them the number of bays in the apartments is growing. When in the apartment flood, do not panic difficult, but it must be remembered that timely and competent actions will help to get out of the situation with the smallest losses. Let's determine the correct algorithm.
What you need to do first
When the bay in the apartment is found, first of all, you need to communicate about the management organization that happened in the emergency dispatch service. She must respond and eliminate the source of the bay within two hours. Within 12 hours, the company should organize a commission in a flooded apartment that will fix the fact of the bay, making the appropriate act.
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When drawing up an act of bay, the neighbors must be present, from which water arrived in the apartment, so make sure the company has notified them about the Commission. In the future, it will relieve you from problems, for example, if the neighbors want to challenge the act.
Special attention is paid to the content of the act: make sure that the effects of the bay be as accurately indicated: damage to repair, household appliances and other things. It is this document that will be your most important evidence if it comes to court.
Margarita Chernyavskaya
Lawyer of the Law Company "Constanta"
The act must also be recorded the culprits of the bay - the neighbors, who, for example, forgot to close the crane, or a management organization that improperly carried out its home management obligations.
How to evaluate damage
Whoever is a culprit of the Flood before making a claim to him, it is necessary to determine the amount of damage as accurately as possible. To do this, you need to organize an independent examination that will appreciate the amount of rehabilitation. It is this amount that will later be recalled from the "Celebration" culprit.We put forward a claim
After evaluating the damage, you should draw up a pre-trial claim by the guilty of the face. In it, you must invite compensate for damage within a certain period.
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If the culprit of the Bay recognizes his guilt and agrees to refund all losses to independently, we advise you to conclude an agreement with him. It should also be indicated and the amount of damage and the period of its compensation mentioned above.
If the pre-trial claim is responsible for refusal or you will not wait for an answer from the culprit, you can safely prepare a statement of claim and solve the conflict with a neighbor in court.
Apply to the court
It is not worth afraid of the trial. If you have complied with the procedure described above and have an act of bay and an expert opinion with the amount of damage, then the truth will certainly be on your side. After all, Article No. 1064 of the Civil Code of the Russian Federation clearly suggests: "The harm caused by the person or property of a citizen, as well as the harm caused by the property of a legal entity, is subject to compensation in full of the person who caused the harm."
In case the management organization will be recognized as the culprit of the bay, the law "On the protection of consumer rights", which, in addition to the amount of real damage, will help you to recover a penalty and a penalty of 50% for refusal to pay a voluntary form damage.
Moreover, from the culprit of the bay will be charged with your court costs - the cost of the independent examination and legal services costs.
The editors thank the Legal Company "Constanta" for help in preparing the material.