The local problem of the universe flood can suddenly arise in a separate apartment for a number of reasons - it can be worn out communications, broken sanitary equipment, and simply banal forgetfulness to cut off water in the kitchen or bathroom. And the disturbed neighbors are already pressing the bell of your apartment with a demand to stop this disgrace and to look at what their newly made repairs look like. How to identify the true culprit of flooding, minimize the consequences of the flood, assess damage and resolve the issue peacefully? This is our material.
Content
In search of the guilty party
Often in the legal practice there are situations where the tenants of the apartment, from which the ill-fated gulf occurred, are not the real culprits. Only proven deliberate action or, conversely, inaction, can be considered the cause of the bay.
If the flood was the result of a marriage or deterioration of the sewage, water supply system, breakage of hoses, filters and other equipment, then the responsibility for the damage done to neighbors does not always lie on the shoulders of the residents. Usually, the replacement of this equipment is the responsibility of the owner of the housing stock or his management organization, prescribed in the contract for the management of your home.
If the owner of a flooded apartment is sure of the guilt of third parties, but you should not agree to pay the damage voluntarily, but it is better to collect evidence of guilt of the housing and communal services and your own innocence. First, invite independent experts who will give an objective assessment of the causes and sources of the flood and identify the responsible party. The presence of defects and defects in the pipeline, couplings and cranes will be told by specialists in this equipment.
The expert opinion is issued in two copies, the second being provided to the victims so that they apply directly to the perpetrators of the flood, rather than neighbors from the upper floors. Together with this tenants of the apartment, because of which the flooding happened, will also participate in the judicial examination, but not in the role of the defendant, but as third parties.
Affected residents have the right to refuse to accept the experts' conclusion about the innocence of neighbors living on the upper floors, and to attract them already as defendants. In this case, the accused person may, in the course of the court hearing, make a petition for transfer from the defendant to a third party. This petition is supported by an expert opinion.
First contact
It's great if you were found not guilty of flooding, but it's better to take some action after the flood. Visit, for example, the victim, estimate the amount of possible damage to the eye, try to communicate constructively.
As practice shows, the injured party immediately appeals to the DES, ZhEKi, to the board of HBC or the management company, which constitute an act that fixes the state of emergency, its causes and consequences. At the time of drawing up the act, the alleged culprit of flooding should closely monitor the circumstances and nuances of the matter, so that later they do not have to pay amounts that are several times greater than the real state of affairs.
Independent examination of possible damage
If one of the parties decided to use the services of independent expertise to determine losses, then the signing of the above act is still better to postpone. After verifying the availability of documents that give the right to independent examination, ask the expert what tariffs, prices and parameters he is guided to determine the amount of possible damage. The competent appraiser has a perfect modern methodology for making calculations, he knows at what prices should be guided and how depreciation is taken into account.
Peaceful Case Resolution
If you voluntarily, so to say, without trial and investigation, decided to take responsibility for the inconveniences caused to neighbors, then having determined the amount of damage, it is necessary to document the agreement on voluntary compensation for damages. We emphasize that the litigation, together with the enforcement proceedings, can drag on for years, and therefore, the culprit has the right to demand payment in installments, and the victims, knowing the complexity and red tape of the trial, want to get at least some amount.
Even if both sides have reached a compromise, monetary compensation should be transferred with properly documented evidence. As such, a written agreement may be issued in which the parties describe the damaged property or refer to the drawn up act, which must necessarily be attached to the agreement. It also indicates the transfer of money indicating that this amount fully meets the affected party, and reflects the absence of claims of the parties.
In order for the document to become legal, it must be signed by the appropriate authorized persons. On the part of the victims - it may be the owner, if the housing is owned, or the person is registered if the property is municipal.
Insurance Challenges and Risks
Today, a citizen has the opportunity to insure any risks, including the risks of causing damage to property through flooding to third parties. This situation assumes compensation for damage precisely by the insurance company, which acts on the court as a defendant.
But in practice, it is often insured from the Gulf or other cases of its own property, and not someone else's, whose insurance is exceptional. Since no representative of the insurance company will undertake to insure the property of other citizens whose value is not known. Such information is established through personal meetings between the insurer and the residents of the lower floors, but few will want to let strangers enter their home. That's why not every insurance company takes such risks insurance.
Owners of rental apartments are encountered with great difficulties. If, for any reason, the real estate lease agreement has not been formalized, then the owner of the premises will have to answer and reimburse the losses. Often, the landlord is extremely difficult to assign responsibility for what happened to tenants, because the documentary has not been confirmed, and the court always treats such testimony with suspicion. To eliminate this problem, the owner of the housing must conclude a contract with the tenants, which prescribes liability in the event of damage caused by the gulf, fire and so on. If the contract contains a clause with the obligations of employers, then under the current law they can be brought to compensation for harm.
What actions need to be taken if you have flooded your neighbors, you can learn from the video on youtube.
Loading ...