Flooded apartment through the fault of negligent neighbors is a classic of the modern genre; The case, which is a serious cause of discord between the injured owner and inconvenient neighbors. Failed repair, spoiled flooring and even furniture are just a few of the consequences of flooding. The owner immediately faces two problems - the need for unplanned repairs and the beginning of a process to collect monetary compensation from the guilty neighbors, which, according to lawyers, is a long and difficult business. What to do to get good compensation for the damage done and how to punish the guilty?
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Drawing up the certificate of the apartment bay
Often, regardless of the amount of damage caused, the parties are not able to settle peacefully the question of payment of compensation, so the last word often leaves a court behind it. Since such precedents are often encountered, in court practice a very specific algorithm for solving such cases has already been formed. A clear understanding of all the subtleties and peculiarities of dealing with "flood" cases helps the judicial body to make the only correct decision on recovering compensation in an amount covering all the material costs of the injured party, and in some cases also causing moral damage.
So, to begin with, the fact of flooding the apartment and causing damage should be documented. It should be noted that the procedure for drawing up an act is in no way dependent on the degree of flooding - it is mandatory and paramount. To do this, you need to contact the organization on the balance sheet of which the building is composed, emergency dispatch service or use the services of independent expertise. Participation in the drafting of an act must be both the aggrieved party and the guilty party. If the second party can not be present, it must be officially and in writing notified about the date and time of the examination in your apartment for examination and damage assessment. Do not delay this process, especially if you do not trust the guilty party. Always act in hot pursuit.
Undoubtedly, the worst variant of the development of events will be open rudeness of the guilty and complete refusal of cooperation. Well, the worse for your neighbors - this behavior will be judged by the court only in your favor.
Damage assessment
In the opinion of lawyers, it is the procedure for drawing up an act on flooding that is an important stage in the legal struggle for the full restoration of its property. If this document does not indicate that due to the flow of water draining from the ceiling, an elite laminate or an English commode made to order has become unusable, then it is better not to be indignant at the court that 500 pathetic rubles. Only if there is an official document, the judge can make an adequate decision, but the negligent attitude on your part to a standard bureaucratic procedure can negatively affect only your health and your wallet, which will be devastated for the next, but already unplanned repairs.
The second stage, as the court practice shows, is the proof that a spoiled Italian closet or a water-filled picture of a great artist became the result of the forgetfulness of a neighbor who did not change the water and sewer pipes in his apartment in time, who did not change the filter or the cranes.
To establish a number of cause-effect relationships, you will have to attach to the application a dozen photos of the damaged interior, which visually demonstrate to the judicial authorities the characteristic water stains on the walls, inflated furniture or flooded floors. Therefore, at the time of detection of the flood in your apartment, arm yourself with a camera and fix the spoiled property.
Compensation for non-pecuniary damage
Often, the procedure for determining the amount of compensation payments requires the plaintiff not only to waste time, but also to ruin nerves. Therefore, the affected party in the preparation of the claim can boldly put forward claims for compensation for moral harm. The expediency of penalties and their size is decided solely by the court.
When resolving the issue of recovering compensation for the damage suffered in favor of the injured party, judicial representatives take into account the fact that the deep suffering of the affected citizen is related to property losses as a result of the gulf, but makes a disappointing conclusion that the current legislation does not provide for a rule according to which it is possible to collect a similar compensation for this category of cases. In addition, it is quite difficult to prove the very fact of causing moral damage by the actions of the respondent, since a list of evidence that facilitates the establishment of the fact of the onset of moral harm is not developed. And yet, lawyers are strongly advised to include in the list of requirements and the item on compensation for moral harm, and suddenly lucky and the judge will be on your side.
Several important details of the trial process
We will discuss one more detail of the process: do not start repair until you settle all the compensation issues completely, that is, do not receive payment for the damage caused in your hands or repair the forces of the guilty party. Even, despite the correctness and timeliness of the documentation, the court may require a re-examination. And if by this time you have time to partially or completely restore the damaged property, then of course, there will be nothing to show.
Imagine that you managed to insure your apartment from this type of insurance event, then the insurance company will pay compensation payments. That's what you do not need to do in such a situation, so it's to bring the direct party to the guilty party for damages. If the latter will disclose the fact of property insurance, then it has every right to file a counterclaim against the courts about your desire for unjust enrichment, and the suit will be rejected.
However, if we depart from the apparently seeming heavy weight of the procedure for collecting compensation, it is necessary to say that the current norms of the Civil Code determine the person who has flooded his neighbors, a priori guilty, and he will have to prove his own innocence or innocence. According to the world legal practice in such cases it is possible to do this only in 10% of the occurred flooding. The reason for refusal may be obvious violations in the procedure, but if you follow the rules and follow the advice written above, then there will be no refusal.
At the same time, we should not forget that in most cases the amount of collected monetary compensation is several times less than the forthcoming real costs for the restoration of the flooded property. Be sure to prepare yourself for this, and then disappointment from a long and unpleasant trial will not be your only reward.
About what to do if you are flooded with an apartment, you can learn in detail from the story on youtube.
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