Refer to the provisions of article 15 and article 1064 of the Civil code, which States that the amount of compensation of harm should be comprehensive and take into account the actual material damage and lost revenues. Real damageat include the amount spent on the repair of the damaged property, the purchase of medicines and other expenses directly related to the incident. Loss of profits or loss of income expressed in the amount of profit that could get the victim, if he had not suffered a particular damage. For example, when hit in an accident and the loss of health necessary to compensate for the size lost wages.
Contact a specialized company that is evaluating damaged property. For example, the definition of damageand the vehicle in the accident. The choice of appraisal firms should be made jointly by the victim and the perpetrator. If the victim carried out this operation independently, he is obliged to notify the other party of the date and place of inspection of material damage. Based on validation the act of inspection, which is the base for calculation of repair and loss of commodity cost of property.
Calculate the amount of material damageand on the basis of evaluation. Size is determined by the cost of repair, spare parts, consumables and coloring tools. In the case of a vehicle based on the requirements of the car manufacturer, the evaluator determines the need for replacement of the unit. Painting cost depends on the extent of damage, if it takes more than 50% of the surface is taken into account, the price for the complete painting of the car. Will include the amount of material damageas well as costs of services of appraisers.
Collect all the documents that confirm the cost of restoring the damaged property. Make a claim in court for compensation for material damage. Then the payable amount is determined by court order.
Advice 2: How to prove material damage
In the event of disputes regarding the legal relationship, violation of treaties and obligations, the aggrieved party shall be entitled to demand compensation for material damage. Compensation is possible if the terms of compensation indicated in the relevant contracts or situations. But in order to smoothly compensate the material damage, you must know some rules.
You will need
- - the violation;
- - define the size of the loss;
- - identifying the causes and effects of disabilities and losses which have arisen as a result of these actions;
- - the fact that the plaintiff has taken steps to prevent or avoid losses.
Calculate the amount of damages. Use the services of an attorney who will help you to determine the right size of the material losses. Make the examination and evaluation of the resulting harm. The calculation will apply to the claim.
In the pretrial order send to the defendant a claim for damages. If properly explain all the requirements and basis for payments until the court case can not be reached, and the culprit will voluntarily agree to pay financial compensation.
If voluntary payments of compensation have not occurred, file a claim for compensation of damage. You must be evidence of the guilt of the defendant determined the amount of damages, the amount of compensation and properly formulated requirements.
Be sure to set up communication with the defendant and the judge in the case. In addition, attend all court sessions on your case, then you will be able to participate in the process that will end in your favor.
The success of the case about the financial loss very often depends on the skill of attorneys to handle the case. Therefore, refer to a specialist who has extensive experience in this field. If during the period of pre-trial proceedings on a claim for damages, the defendant does not respond, then you need to urgently apply to the court for compulsory collecting of material harm.
Is the advice useful?
To prove the amount of damages very difficult, and such cases are very long, be prepared for the fact that the wait for compensation will have for a long time. Very often, the court considers the plaintiff's arguments are not very convincing, in questions of evidence always consult with a lawyer. In order not to delay the trial and prevent trial if the defendant denies his involvement in the damage, you can make concessions and to reduce the amount of compensation.