If the damage caused to your car, for registration certificates you can contact an independent appraiser or make it yourself. The appraiser will give you an official document where the details will be painted with the amount of damage, price parts to replacement, painting and the cost of recovery of the vehicle. If you can make up a certificate, specify the following: make of vehicle; place and time of damage (if possible to determine); details of the incident, if you became a witness; the shape, size, nature of the damage; the condition of the car before it damages.
If the damage to the property, which was in the apartment, shop or other confined place, consider the specifics of the incident. In the preparation of a certificate of damage write the address of the apartment, store or other property; the circumstances under which the damage was caused (fire, flood, etc.); main characteristics of the property before the incident and immediately after it; the cost of the damaged property. For example, when the document in the event of a fire you will need to specify the value of the property, which burned down and which was covered with his fighting.
If material damage caused to commercial property (shop, pavilion, stall, etc.), in the preparation of a certificate of damage write the address of the location of the building, the condition of the property before the damage and after it, the value of the damaged property. If you are aware of the person who caused the harm, enter their data.
When compiling the help you will need certification in appropriate instances. When causing material harm to the car in the traffic police; damage to real property in case of fire, flooding - in the local bodies of public utility; for damages to commercial property – signature and certification specified in the certificate the local precinct or police officer who was on the inspection of the scene.
Advice 2 : How to assess the damage from flooding
Not everyone, unfortunately, knows how to assess the damage from flooding apartment, office or any other property. Follow the simple advice and you will never be at a loss and you can return spent on repairing damaged property money.
Understand the true causes of flooding. It can be yourself, and possibly your unscrupulous neighbors. Malfunction of the tubes, improper connection of household appliances - all of which can hurt you as much as you do not expect.
Don't worry and never engage in an argument with the perpetrators - it is no good will not result. But excessive aggression can exacerbate your situation. Act calmly and purposefully.
In any case, during the period of assessment of damagesand don't do any repair work, as traces of flooding are visible after drying. It will take about 2-4 weeks.
At the independent examination. Only this method is more effective in dealing with the compensation you caused the damage. Thanks to it you with full confidence will be able to claim the full amount by which the losses were incurred.
In such cases, primarily acts of flooding with detailed description of the location of flooding, time, water temperature, as the damage from the hot water, as a rule, much more than from the cold. Observe all the formalities, do not miss the slightest detail. Keep all receipts you paid for the services of experts.
Estimation of damageand flooding takes place in several stages. Starting from a regular examination, ending with a report on the full cost of the caused damage. Attend all stages of the assessment personally to be confident in the integrity of the examination. If you do not agree, necessarily Express the opinion.
To fully repair the damage, you just need to have on hand the following documents: inspection certificate, photos of the main traces of the flooding, estimates for repair work, a detailed conclusion about the state of your property, expert opinion on the cost of remedial work.
Advice 3 : What documents make up the fire
There was a fire, were caused by on-duty units of fire brigades, the forces of which the fire was extinguished. What to do next? The first thing is to make the commander of this Department is to draw up a statement about the fire.
Documents drawn up in the fire
The act of fire must be drawn up in two copies in the fire. The instrument should be signed by the facility owner and the commander of the fire division. If the incident qualified as a fire, the Act fixed the cause of the (possible) and a list of firefighting activities.
If the fire was extinguished before arrival of fire service, a Protocol shall be made oral statements about the fire.
Also under fire are:
- Protocol inspection of the scene of the fire;
- written explanation on the circumstances of the fire;
- in case of refusal of a criminal case is made a decision.
Investigation of the reasons of ignition
The investigation and statistical accounting is carried out regardless of the causes of fire. But there are exceptions. For example, in the fire of coal, peat and oil shale in the warehouses, which prevent fire spreading. As well as in areas of fuel combustion, boiler malfunction, leading to the appearance of fire, short circuits and fire lines.
If the cause of the fire was the work of other organizations, the investigation involved representatives of these organizations.
In those circumstances where a fire killed people, it is necessary the intervention of the investigating authorities, and the mass deaths of people involved in the Prosecutor's office. GPN is investigating the fire cases that have not led to human victims. Necessarily conducted a forensic examination.
When applied to a large material damage, along with the GPN case involved investigators of the police Department. In the preparation of the Protocol inspection of the scene is the exclusion of evidence for laboratory analysis in ILD. Based on the conclusions of Fire test laboratory prepared a Technical opinion on the causes of fire. In conclusion, on the basis of all obtained data compiled by the forensic fire-technical conclusion.
Based on the above proposed scheme:
- immediately after the arrival on the scene, an act for the fire;
- conducted site inspection and seizure of evidence;
- interview victims and witnesses;
- evidence sent for analysis.
The investigator determines the extent of the damage and decides on the appointment of examinations and further makes a decision about excitation of criminal case or termination of the investigation.
Advice 4 : How to write a claim for damages
To appeal to the court with such a complex matter as the claim for moral damages, you need to make a claim. It should be guided by article 131 of the Civil procedural code of the Russian Federation, which lists all requirements for content and form of such a document. Failure to comply the court may refuse to consider the case on the basis of article 136 GPK the Russian Federation.
For starters, check out fragment of claim, which contains the introductory part of the document. In it you must specify the first three items from the list of compulsory placement in a lawsuit. The first of them calls the court referred the claim for consideration. The following - last name, first name, middle name plaintiff's and address. The latter concerns the defendant and filled in a similar manner. Not be amiss to write and contact numbers for communication. In addition, you can also report the price action. That is, the sum of moral damage and, if necessary, material.
The title of the document — "Claim statement" — position in the centre and underneath briefly describe the essence of the appeal to the court: "about compensation of moral harm". In the reasoning part of the claim, include the following mandatory paragraph. Describe, adhering to the business style of writing, what exactly is the violation of your legal rights and freedoms. What are the physical and mental suffering was caused to you. Remember to refer to specific articles of the law and avoid emotional evaluations of the incident. The next section should be devoted to a description of the circumstances surrounding the development of negative events, as well as bringing proof of the legality of your claims to the defendant. In addition, don't forget to tell us about your attempts of pre-judicial settlement of the dispute, Reaffirming their documents.
In conclusion, please contact your court to suit your requirements, listed after the word "Requested." Last of the required sections of the application should contain a numbered list of documents attached (receipt for payment of the state fee, a copy of the complaint, a copy of the certificate, the calculation of damage, etc.). In the end, under the text, the left margin of the sheet write the date and personal signature.
Do not forget to prepare the number of copies of your claim by the number of participants in the case.
Cases of moral damage in our country are considered to be relatively new and complex, so it is better to turn to experienced lawyers. They will help you make the correct calculations based on facts and jurisprudence, rather than emotion and flawless action.
Advice 5 : How to write a claim for moral damages
Any Russian citizen has the right to address in court with the requirement about compensation of moral harm caused to him by the defendant. But the complexity of determining the size of the caused damage and making a claim are forced to seek the assistance of experienced lawyers. Of course, they have invaluable experience that allows us to soberly assess the amount of damages and to sue, which gives hope for making a positive decision. But the claim statement you can make yourself.
Special requirements to the form of the statement of claim, no. It can be in simple written form. More stringent requirements apply to the content of the claim, listed in article 131 of GPK of the Russian Federation. Violation of these requirements entitles the court to refuse consideration of the claim under article 136 of the Civil Code of the Russian Federation.
Check out samples of claims, which are many available online. We should not rely on their absolute correctness. Here, probably, you'll appreciate the visual range of the document, based on which, in accordance with the provisions of article 131, you can start drafting a document.
Complete the introductory part. There are several items required to specify in the complaint. Write in the upper right part of the sheet the name of the court in which the claim is filed. Below enter last name, first name, patronymic and home address of the defendant. Immediately under it own details in the same format. The amount of the claim (material damage) is also indicated in this part of the document. In the center of the sheet, place the title of the document, and underneath, describe in a few words the essence of your treatment.
The body of the application start with a description of the reasoning part. It must contain a description of the rights violated, with references to specific articles of the legislation of the Russian Federation. Describe exactly how you have suffered, and the circumstances in which occurred for the named event. Bring proof of your innocence. Report the attempts of peaceful settlement of dispute, if any, was taken.
Contact the court to confirm the legality of your claims and to recover from the defendant the said sum for the moral damage. In the final part, place the section with the applications, which list all the documents that you must present to the court before the hearing your case. It is primarily the receipt of payment of state duty and copies of the statement of claim by the number of participants in the case. In addition, please attach documents which in your opinion may need during the course of the proceedings - calculation of the amount (which was assessed moral damages), certificates, witness statements, etc. for your signature, decipher it in parentheses and indicate the date of the document.
Advice 6 : How to write a letter of complaint to the travel Agency
Returning home from a poorly carried out home, you can write a claim in the travel Agency, through the fault of which the stay was spoiled. Correctly written claim to help you speed up the process of resolving the dispute and avoid further problems.
You will need
- A4 sheet, pen, computer.
Before you make a claim, gather evidence of negligent performance by the Agency of the clauses of the contract. It can be pictures, receipts, checks, certificates, price-sheet on the letterhead of the hotel about the cost of the hotel rooms.
Claim to write in two copies, one is you, another defendant. According to article 10 of the law "About bases of tourist activity in the Russian Federation" the claim give to the tour operator in writing, within twenty days from the date of expiration of the agreement. To consider it must, within 10 days after receipt.
To start write, who addressed the claim, for example, the Director General, the Director of the company. Specify name of Respondent, address and phone. Next, write your address, phone number, name.
In the text of the claim must specify the nature of the case, i.e. what you specifically did not like the firm. Specify that were originally booked, then what in the end offered. List the employees who poorly perform their duties, as well as those who tried to help you. Refer to the applicable laws, which contradict the actions of the company and its employees.
After explaining all circumstances, continue to requirements. Usually claim they start after the word PLEASE. For example, to pay the amount of property damage and the requirement to compensate moral damages. According to article 6 of the Federal law "About bases of tourist activity in the Russian Federation" in cases of breach of contract by a travel Agency or tour operator, the tourist is entitled to compensation for moral harm and damages.
Sign the claim and date of its presentation to the travel Agency. Make sure that the claim was registered in the journal of documentation. In the absence of a journal will receive a receipt from the person accepting the claim. A receipt is issued on the copy of the claim must contain the name of the person, his signature, title and date. If a claim will not be accepted for consideration, submit the claim to the court.