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.
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.
Advice 3: How to calculate wear of a car
After the accident, experts calculated the damage to vehicles for compensation for material costs necessary for repair. This procedure without scandals does not manage. Therefore, the government has developed a legislative act called "Rules for establishing the amount of expenses on materials and spare parts for regenerative repair of vehicles", which came into legal force from September 2010.
The document is aimed at resolving conflicts between parties after the accident is relevant primarily for insurance companies, calculating material damage from the crash and the size of compensation for victims. But motorists also useful to familiarize yourself with the basic rules laid down in it. At least in order to be aware of why acquiring the spare parts necessary to repair the car, and the cost of which in trading organizations is, for example, 20 thousand rubles, it will allocate within fifteen.
The interesting thing is that to calculate the amount of damage it is impossible. Rules reglementary the determination of the degree of wear ofa particular part. And if the essence of legal rules, the owner will be able to calculate how old he is underpaid.
According to the tradition of the Russian legislation, which entered into legal force Rules raise more questions than help to clarify the situation. So, for a separate category is spare parts, which directly affect road safety. However, the list is not yet ready, and when he appears, nobody knows.
The coefficients used in this act for calculating the degree of wearand are the most mysterious moments. There is discrimination not only products of the domestic auto industry and the cars of foreign companies, produced on the territory of our country. Each year of operation 5.5% reduces the cost of the machines. In other words, in ten years, the depreciation of the car of the Russian production will be 55%. From the document follows that the most reliable are the Japanese cars, which recently so actively fought.
When in July 2004, the country introduced the system of compulsory insurance against third party liability, officials of the Ministry of transport mandated to develop a common methodology of calculation of harm at DTP. More than a year ago appeared the first document (the RF Government Decree No. 361 of 24.05.2010, which can be used to calculate the degree of wear ofa car or its parts. But in real terms is possible only after the appearance of a number of regulations and the list of components and assemblies that are not correction factors, and the development of which is still involved in the Ministry of transport.In the meantime, the determination of the degree of wearand depends entirely on the expert opinion.
The wear of the vehicle is a quantitative measure of the physical aging is influenced by external and internal factors obtained during operation of the vehicle and characterizing the state as a whole car as a whole and its individual elements (components, parts). When evaluating vehicle is shared by two types of depreciation: physical (natural and operational) and moral.
The most common type of malfunction of details of cars – wear. Wear any part of the car comes in 3 stages: the first stage is break-in period moving parts; the second stage – the period of normal operation, which occupies 80-90% of the time work items; the third stage is the period of intensive wear (safety-wear). In this regard, the wears are divided into 2 groups.