How to compensate and estimate property damage?

Compensation for property damage

Under property damage understand caused harm to another's property resulting from damage or destruction. This harm can be inflicted by a physical person or a legal entity. In accordance with the law, damage to property, should be compensated in full.

But there are exceptions, exempt from liability for the damage. For example, accident, insured transport, the guilty person shall compensate the damage only that part which is not covered by the insurance payment. In the case of an accident must necessarily be a court ruling on the recognition of the perpetrator in the incident. If the crime was committed, it must be the verdict of the court, which can confirm that. Only then is it possible to ask for compensation. When an accident is just a Protocol, it gives only the probability of recognition of damage by the court.

By law, citizens are responsible for the damage that they have caused personally. But there are derogations from the General rules, if they caused property damage, it is the responsibility of parents or institution in whose custody was given to the children. But if at the time of reaching age 18 the damage is not paid for, and responsible for the child entity is unable to indemnify, then the violator with sufficient property may be held liable.

The damage caused by the fault of a state employee, is paid by the state from the budget.

Estimation of property damage

Damage assessment of property is a complicated thing, which often requires the help of a professional appraiser. The assessment is usually through the courts at the initiative of the party that wants it. Further, the court appoints examination, which is paid by the initiator for evaluation.

Appraiser's report of the trial can be rejected, since the law stipulates that the assessment should be conducted by the court expert decertified.

Also to the production of a court case it is possible to obratitsja to the notary, who shall be entitled to appoint an expert examination to assess the damage. Specialist conducting the examination, is obliged to have the certificate granting the right to engage in evaluation activities.

In court, the plaintiff must prove material harm, and the defendant to prove that the damage was inflicted not his fault. If both parties acknowledge the fact of damage, the question will be only in the amount of damages.