Damage assessment from the gulf. Application for an additional assessment of damage from the bay

Unfortunately, many people are faced with a situation where neighbors from above arrange a flood. Most victims at the same time prefer to solve problems on their own, because they do not know how to assess the damage from the bay. Let's figure it out.

First aid

So it happened. Water flows down from the ceiling, wallpaper leaves the walls, on the floor of the puddle. What to do? Of course, the first thing that comes to mind is not the assessment of damage from the bay of the apartment for the court, but the salvation of furniture. And in vain. The procedure should be as follows:

1. Turn off the electricity to the apartment.
2. We run to the neighbors to make sure that they are to blame.
3. We call a representative from the home operating organization and demand to draw up an act of damage to you.

The third point is very important. Walk with the representative of the Housing Office (DEZ, Housing Department) throughout the apartment, inspect every detail, make sure that all damage is documented, the assessment of damage from the bay will depend on this. We draw up the inspection certificate in two copies: one remains with you, the other at the service department.

Who will pay

Flooding can occur both through the fault of neighbors and through the fault of the management company. It is better to immediately find out what exactly is the cause of the flood, so as not to run around the authorities once again, redirecting your claims. Sometimes in multi-storey buildings it happens that several apartments located under each other are flooded at once, and damage will need to be claimed not from those neighbors directly above you, but from those who are taller. And vice versa: if you are flooded with a large stream of water, it may seep further. Therefore, it is important to immediately, without delay, call a commission in order not only to fix the spots and puddles that have not yet dried, but also to figure out who is to blame.

All in order

The act drawn up by the house administration on the fact of the bay is only the first document. Now you must decide how and who will repair the damage. There are two options here:

1. The neighbors pleaded guilty and are ready to pay for the repair voluntarily, without trial. Everything is clear here: you estimate the cost, the question is solved amicably (although it is worth thinking about a receipt, for a guarantee).
2. Neighbors (or house management) are to blame, but refuse to pay for repairs.

In the second case, you will have to go to court, and for this you need an independent assessment of the damage from the gulf of the apartment. An important point: you must notify the culprit of the flooding of the upcoming examination at least three days before it. Procedure:

1. We turn to an independent expert organization, discuss the time of the inspection - not earlier than three days later.
2. We are writing a notice for the culprit, where we indicate where, when and by whom the examination will be carried out, and we ask the neighbors to be present so that an independent assessment of the damage from the bay is carried out before their eyes. This letter can be sent by telegram with notification of receipt. But if the neighbors (or representatives of the house management) are flexible, we just write two copies of the notice - the culprits should sign your message that you warned them. So, if they do not appear for examination, this is their choice.
3. We carry out an assessment of damage to appeal to the court.

How is the assessment

Numerous examples of assessing damage from the bay of an apartment show that experts calculate the amount of compensation based on average prices for building materials and finishing work, so you can’t count on elite repairs. When choosing an organization, make sure that the inspection will be carried out not only by a lawyer, but also by a foreman who understands construction. Each company draws up an act of expertise on its own, but in any case, the following items must be there:

1. Information about the apartment, its market value and owner.
2. The purpose of the work.
3. How and by whom is damage assessed.
4. Description of all property, damage caused and necessary work and materials to eliminate them.
5. Calculation of the cost of repair.
6. The general conclusion and receipt of the appraiser, confirming its objectivity.

Without a piece of paper you are a bug

By the time the examination is completed, you should have a package of documents in your hands:

1. Housekeeping Flooding Act .
2. Documents confirming that you warned the culprit that an assessment of the damage from the bay will be carried out.
3. An inspection contract with an expert company.
4. The conclusion on the damage from this organization and the act on the performance of work.
5. Checks or other documents on the payment of the costs of the examination.
6. Claim the culprit of the flood.

Important: make sure that all documents are filled out correctly, everywhere there are "live" signatures and stamps. Now make copies, certify them and go to the mail. A package of documents is sent to the culprit of the flood with a valuable letter with a mandatory inventory. Do not be lazy, write down each leaflet, in no case should you indicate something like “claim and additional materials”, otherwise the culprit in the court will be able to say that he did not receive, for example, an examination certificate. Yes, all this will take some time and effort, but be sure: if you correctly filled out all the documents, you will definitely win the court, which means you will receive compensation not only for damage from flooding, but also for all the costs of the examination. The limitation period for such cases is three years.

If you have a pipe burst

How to get paid from the culprit of the flooding, we figured out. But what if you made a flood, and the neighbors are going to sue you? Again, it all depends on who is to blame. If you forgot to close the tap, try to resolve the issue peacefully so as not to bring the matter to court. It will be easier, faster and cheaper, and do not spoil relations with neighbors. If the victims nevertheless insist on the trial, keep calm. In no case should you conflict!

In a situation where neighbors refuse to resolve the issue peacefully, play "according to their rules." Accept all documents and notices, be sure to go for an examination. If its results do not suit you, you have the right to write an application for an additional assessment of damage from the bay to make sure that the cost of the troubles you caused is not overstated. Remember: court practice shows that flood victims always win cases, and your task is to minimize costs.

Well, in the event that a pipe or battery broke through you through no fault of your own, you call the same commission from the house administration, record the fact of the accident and turn from the culprit into the victim, that is, in your apartment, damage from the bay is assessed, and you claim reimbursement from Housing Office.

Firefighters tried

Sometimes it happens that the flooding was not due to an open crane or leaky pipe, but because of the work of firefighters. If a fire has occurred in your neighbors, then rescuers during its elimination will inevitably flood you. Then the damage assessment from the fire bay is carried out according to the same scheme as described above, but an act from the fire service will have to be added to the packet of documents, where it will be indicated where, when and for what reason the fire occurred. In addition, such cases last longer than ordinary flooding proceedings, since it is also necessary to conduct a special examination to determine the causes of the fire. Additional circumstances may emerge: firefighters acted unprofessionally, causing additional damage, or arrived late, or could not get to the house due to unauthorized parking on the lawn, etc. All these points will be disassembled separately, which will delay the process.

conclusions

Let's summarize. If flooding has occurred, in no case should you swear, clash or panic. Instead of this:

1. Minimize the danger - turn off the electricity and water.
2. We find out who became the culprit of the flooding.
3. We call the house management so that they send a master to draw up an act.
4. We communicate with neighbors.
5. If the culprit refused to pay voluntarily - we do an independent examination and turn to the court, where we are guaranteed to receive a decision on damages.