By purchasing a car, the owner assumes additional responsibility and risks associated with possible illegal actions in relation to the property. This also applies to damage to a vehicle, which can be caused equally either intentionally or accidentally.
Often, having damaged someone else's car, the culprit prefers to silently hide, leaving the owner of the car to repair the damage on his own. In our article we will look at what liability is provided for damage to someone else’s property, in particular, everything related to a car.
Important! If you are dealing with your own case related to car damage, then you should remember that:
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Article of the Criminal Code of the Russian Federation
If damage was caused to the car, compensation and punishment will be carried out in accordance with the current provisions of the Civil and Criminal Code of the Russian Federation. Depending on the nuances of the situation, I can use:
Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.
- Article 167 of the Criminal Code of the Russian Federation; (Intentional destruction or damage to a car)
- Article 168 of the Criminal Code of the Russian Federation; (Destruction or damage to a car due to negligence)
- Article 1064 of the Civil Code of the Russian Federation (General grounds for liability for causing harm)
The exact choice of legal act depends on whether the damage was caused intentionally, or whether the car was damaged as a result of unintentional actions of a person.
Article for damaging someone else's car: article of the Criminal Code of the Russian Federation
A car owned by another person is considered private property and is protected by law, which clearly states that only the owner can dispose of his property at his own discretion and do with it as he wishes. If we are talking about the intervention of a third party who damaged or spoiled a car that did not belong to him, then this act is considered criminal and entails bringing the perpetrator to justice in the prescribed manner.
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Damage to property from the point of view of the law
Damage to someone else's property refers to actions aimed intentionally or through negligence at causing significant damage to someone else's property (in particular, a car), which entails material damage to its owner. Damage is a collective expression that includes two concepts:
- damage;
- destruction.
If we talk about damage, it means causing damage to the car to such an extent that the car loses value and is not used for its intended purpose for some time (during repair work).
If we are talking about an irreversible process that has led to the fact that the car cannot be restored and cannot be used in the future, then this is considered as destruction.
Considering that both cases entail damage of varying degrees, and may or may not be intentional, when assigning responsibility for an act, each case is considered individually, and the punishment can be chosen according to different legislative acts. Possible liability:
- administrative;
- criminal;
- civil.
Application of administrative liability for damage to a car
If the damage caused to the owner of the car is minor, for example, we are talking about deliberate damage to the wheel of someone else’s car, the repair of which costs less than 2,500 rubles.
, then law enforcement officers draw up a protocol, and responsibility is assigned under Art. 7.17 of the Code of Administrative Offences.
Under this article, a person who has violated the law may be given a fine of 300-500 rubles.
Features of liability for damage to a car under the Civil Code
Payment of a fine imposed on the basis of the Code of Administrative Offenses does not relieve the violator of civil liability, which is defined in Article 1064 of the Civil Code of the Russian Federation. It says that the person responsible for the damage is obliged to compensate for the damage caused in full. The same applies to those persons to whom liability was applied under the Criminal Code for causing significant harm.
Bringing criminal liability for intentional damage to someone else's property
If, when assessing damage caused intentionally to someone else's property (which in the case we are considering is a car), an amount exceeding 2,500 thousand rubles is established, this offense is subject to consideration and determination of liability under the Criminal Code of the Russian Federation. The basis is Article 167, according to which it is possible to appoint:
- a fine (its amount can reach 40 thousand rubles or be equal to the amount of three months’ earnings of the perpetrator);
- compulsory work (for up to 360 hours);
- correctional labor (up to one year);
- arrest, which can last up to three months;
- forced labor or imprisonment.
If damage to a car in the yard is considered under this article, committed for hooligan reasons, arson or another method dangerous to the public, or the event resulted in serious consequences (for example, injuries or unintentional death), then the perpetrator faces imprisonment for up to five years.
Important! Considering how different the liability assigned for damage to someone else’s car can be, it is necessary to involve an experienced lawyer who will take control of the situation and be able to protect your interests.
Damage to someone else's car due to negligence
The Criminal Code of the Russian Federation also provides for a separate article for damaging a car as someone else’s property if the actions that led to the damage were not intentional, i.e., committed through negligence. Thus, an act can be qualified only if the following conditions are met:
- the damage caused is large (its amount amounted to more than 250 thousand rubles);
- damage occurred due to the use of fire or another source of increased danger.
For such acts a fine of up to 120 thousand rubles is possible. or in the amount of the total annual income of the perpetrator, it is also possible to assign compulsory labor, correctional or forced labor. In rare cases, imprisonment is awarded, but the term cannot exceed one year, and such punishment depends on many nuances.
Damage to someone else's car by minors
Only persons who have reached the age of 16 at the time of committing criminal acts can be subject to criminal punishment for intentional damage to someone else’s car. In cases where the incident led to aggravating circumstances (for example, people died), liability can be applied from the age of 14.
https://www.youtube.com/watch?v=K5cdLGJH26k
If we are talking about minor damage to someone else’s property, in particular, a car, and a fine is awarded under the Administrative Code, then the imposition of such a sanction is provided for a person over 16 years of age. As for material compensation for damage under the Civil Code, if the child is under fourteen years of age, then this responsibility rests with the parents.
Important! The issue of the participation of a minor in an illegal act is accompanied by many additional sanctions and problems for parents. In particular, a protocol may be drawn up against them regarding improper performance of their duties in raising a child and more.
The first rule for those who have become victims of car damage
As you can see, such, at first glance, not the most terrible problem, such as damage to someone else’s car, can lead to serious problems for the person at fault. And if you have become a victim of such a crime, then in order to ensure that all your interests are protected, the damage is fully compensated, and adequate measures are taken in the case, be sure to contact an experienced lawyer.
Source: https://lawyer-expert.ru/porcha-imushhestva/porcha-mashiny/
Punishment
The severity of the punishment directly depends on the article under which the damage caused to the car falls. The Civil Code of the Russian Federation stipulates that a person who causes damage to the property of another citizen is obliged to compensate the cost of the loss in full. However, additional punishment is provided. In accordance with the provisions of the Criminal Code of the Russian Federation, the culprit of the incident may:
- involve in compulsory work;
- imprisonment for up to 5 years;
- assign corrective labor;
- force to pay a fine, the amount of which can reach up to 120,000 rubles.
The choice of punishment depends on the circumstances of the incident. The most severe measures are applied only in particularly serious cases. Typically, the term of imprisonment for causing damage to a car does not exceed 2 years, and the fine is 40,000 rubles. or 3 months salary. The exact list of measures that will be applied to an unscrupulous citizen is determined individually and depends on the nuances of the current situation.
Causing damage to a car through negligence
A person does not always cause damage to a car on purpose. In a number of situations, property may be damaged due to negligence. In this case, Article 168 of the Criminal Code of the Russian Federation comes into force. In order for a legal act to be applied in practice, the following conditions must be met:
- The amount of damage caused by negligence is at least 5,000 rubles.
- Property is damaged or destroyed as a result of the use of sources of increased danger.
If the loss of the car was caused by negligence, the person responsible for the incident must compensate the cost of the damage caused to the vehicle in full. The law allows you to take the following actions to compensate for the damage caused:
- pay for repair work;
- compensate for losses incurred by providing funds;
- replace the item with a similar one.
The specifics of compensation and the amount of compensation will be established during the trial.
Causing damage to a vehicle by third parties
The situation is classic. If the car was damaged by third parties, Article 167 of the Criminal Code of the Russian Federation comes into force. It assumes that the citizen committed the act of his own free will. Intent in this situation is expressed in the desire to destroy or damage a car belonging to another person. If the citizen did not intend to cause damage to property, another article of the Criminal Code comes into force or civil legislation is applied altogether.
For the court to begin proceedings under Article 167 of the Criminal Code of the Russian Federation, the damage caused to the vehicle must be insignificant. The parameter is determined in each situation individually. The action is carried out by the court. Proceedings will be initiated only if the amount of loss exceeds RUB 5,000.
In the current situation, as a punishment, a citizen may be subject to compulsory or correctional labor, and will also be required to pay a fine of up to 40,000 rubles. If the situation is particularly serious, the person may be imprisoned for up to two years.
If the damage to the car was caused for the sake of hooliganism, the punishment becomes more severe. If the culprit of the incident blew up or set fire to a car, and as a result of a negligent act, a person died, the length of the prison term increases to 5 years.
Compensation for harm in this situation is carried out according to the standard scheme. The citizen must compensate the owner of the vehicle for the damage caused in full. If the damage to the car was caused by a person in a difficult financial situation, the severity of the punishment may be reduced. However, the rule is not applied in practice if a person was injured as a result of actions that caused damage to the car.
Damage to a vehicle during construction work
If the damage to the car was caused as a result of repair work, the procedure for holding liable and receiving compensation becomes more complicated. The fact is that the culprit of what happened is not always known.
In such a situation, experts advise that you must call a traffic police representative to the scene of the incident. An employee of the institution must draw up an appropriate conclusion. It records information about the circumstances of the incident. Based on them, a citizen can try to find out who is responsible for the incident.
If it is possible to obtain the necessary information, the citizen can contact the person or organization with a demand for compensation. To complete the action, a claim is filed. The amount of payment is determined based on expert opinion. The victim can claim full compensation for damage caused to the car.
If the person responsible for what happened to the car refuses to pay for repairs or provide funds to the victim, the citizen must file a lawsuit. All available supporting documentation must be attached to the application.
Damage to a car not related to an accident – Auto Lawyer online
An insured event occurs not only at the time of an accident; often cars are damaged mechanically. In such situations, it can be difficult for the owner of a damaged car to recover damages. the problem is the lack of information about the culprit of the damage, if there is one at all.
But ignorance of one’s own rights can also get in the way of successful collection of money. From this article you will understand how to get compensation in case of car damage without an accident. Cases where damage to the vehicle was caused by third parties deserve special attention.
To get out of a difficult situation and receive payment, you need to clearly know how to act.
Causing damage to a car with a barrier
If the car was damaged by a barrier, the driver can file a claim with the owner of the parking lot or other place where such equipment is installed.
As in the case of damage to a car during repair work, the fact of the incident must be documented. To do this, you must call the traffic police. Without recording what happened on paper, you will not be able to receive compensation.
Payment will be provided only if the fault of the parking lot owner is proven. If the driver is at fault for an accident with a barrier, he will not be able to receive compensation. The decision on whether to provide payment will be made by the court.
What to do if your car is damaged in the yard. Instructions
Photo: Shutterstock
The procedure after detecting damage is similar to that described above. Just call not the traffic police, but the district police department at number “02”. A local police officer will come to the scene and document the damage. You must also notify the insurance company immediately. After this, the victim, as an interested party, can help the investigation and, as in the case of an accident, try to find the pest using cameras, recorders and testimony from neighbors and concierges. Because compensation for damage in such a scenario from the insurance company is only possible with a comprehensive insurance policy. In the case of compulsory motor liability insurance, the victim will seek compensation through the court.
According to the Civil Code, administrative liability is established for intentional damage to someone else's property if the damage is minor or criminal liability if the damage is significant or the actions were committed out of hooligan motives.
In any case, after the police open a case, the victim should not leave everything to chance - at a minimum, it is necessary to regularly ask how the investigation is progressing. If the culprit is not found, there will be no one to sue, so you will have to repair the car at your own expense. If the damage to the car was caused by minor children, then their parents will be defendants in the case. In addition, the latter may be prosecuted for improper performance of parental responsibilities.
Birds, dogs and weather disasters
As an Autonews.ru correspondent was told by the Russian Union of Auto Insurers, owners of cars damaged by third parties, nature or animals will be able to receive payments under comprehensive insurance contracts, if available. Currently, the level of comprehensive insurance coverage in Moscow is about 25%. Moreover, in the vast majority of contracts, damage to the car by third parties or animals is included in the insurance risks.
“To receive payment, the owner of the damaged vehicle must take photographs of the damaged vehicle as the damage was caused and, if possible, promptly contact their insurance company. Next, you should act in accordance with the insurer's recommendations. MTPL insurance does not cover such damage. Compulsory motor vehicle insurance covers only the liability of the culprit of the accident, that is, the victim in an accident can receive compensation for damage to life, health and property caused as a result of an accident on the road,” the RSA explained.
At the car wash
If your car was damaged at a car wash, the damage must be recorded immediately. To do this, you can perform the following manipulations:
- film a video;
- take pictures of the damage to the car;
- draw up a corresponding act.
Then you need to write a complaint to the management of the car wash. The document must be drawn up in writing. It should indicate the amount of damage to the vehicle and the request for compensation. The list of further actions depends on the behavior of the car wash manager. The owner of the company may agree to compensate for the damage received or refuse to carry out such manipulation.
1 situation is much simpler. If the company agrees to cover the cost of car repairs, the promise must be put in writing. The action is necessary in order to subsequently have documentary evidence of the admission of guilt by the management of the organization.
If the company refuses to pay and claims that the incident is not its fault, the injured car owner must complete all documents in accordance with the rules. It will be necessary to involve representatives of the competent authorities. Next, an independent examination of the damage caused is carried out. Its purpose is to establish the nature of the damage received and identify the cost. When the expert opinion has been received, you must contact the car wash again with a claim. The injured car owner may also include the cost of the examination in the amount of compensation.
If the owner of the car wash still refuses to compensate for the damage, the owner of the vehicle must file a claim in court. It will be possible to receive compensation only if guilt is proven. To do this, the statement of claim must be accompanied by a document drawn up immediately after the damage was received at the scene of the incident and confirming what happened. In another situation, it will not be possible to prove that the damage appeared after visiting a car wash.
How to get compensation if the damage to the car was caused without an accident?
An insured event occurs not only at the time of an accident; often cars are damaged mechanically. In such situations, it can be difficult for the owner of a damaged car to recover damages. the problem is the lack of information about the culprit of the damage, if there is one at all.
But ignorance of one’s own rights can also get in the way of successful collection of money. From this article you will understand how to get compensation in case of car damage without an accident. Cases where damage to the vehicle was caused by third parties deserve special attention.
To get out of a difficult situation and receive payment, you need to clearly know how to act.
What to do if the car is damaged by third parties?
You need to start with a thorough inspection of the car.
Carefully record any damage found on paper, but try not to touch it.
There are several types of mechanical damage:
- scratches on the car's surface;
- dents anywhere on its body;
- damage to wheels and car windows.
If there are any fragments or objects near the car that could theoretically be used as instruments of damage, do not touch them until the police arrive.
After you document the damage, call the police. Immediately after this, without waiting for the police to arrive, call the insurers with whom you are insured under CASCO
Remember 2 important details:
- you need to write down the name of the insurance employee who answered you, the time and date of the call
- you need to ask the employee what to do in this situation and remember his answer
When the police arrive, it is very important to behave correctly. Law enforcement officers may try to let the case go, as they say, “on the brakes.” To avoid this, you must do the following:
- Never say that the damage is insignificant (even if the police insist)
- do not say that you have no complaints against anyone (on the contrary, express interest in finding out the identity of the offender)
By following these 2 rules, you will practically block the path for your insurance company to refuse compensation for damage. Competent behavior will not allow you to be left without money
Here's what you need to take away from your interactions with the police:
- statement of damage to the car due to illegal actions of third parties
- notification coupon confirming registration of the application with the Department of Internal Affairs
- a certificate from the police department, which records illegal actions (the certificate must indicate the place and day of the incident, basic data about your car, a complete list of damages)
- resolution to initiate (or refuse) a criminal or administrative case with a seal
How to compensate for damage caused to a car?
After the police have finished working on the scene, you can go home.
Then, as soon as possible (preferably the very next day), you should write an application to your insurance company, make a certified copy of it and submit the application along with the documents.
Please check with your insurer for the list of documents, as well as the procedure and deadlines for submitting them.
It is best to write the application directly at the insurer's office. The documents you submit to the insurance company must be copied in advance.
Then you just have to wait until the insurers inspect the damage to the car and assess the amount of damage.
If the reimbursement corresponds to the total cost of the repair, then the problem can be considered resolved.
If not, you should order an independent examination and file a claim with the insurance company or immediately file a claim in court.
What to do if you have a CASCO policy?
If you have a CASCO policy, you need to follow the standard scheme.
It doesn’t matter in what situation the damage was caused to your car - the occurrence of an insured event must be recorded immediately.
After this, a simple algorithm:
- We write a statement to the insurance company
- We attach to it the documents specified in the insurance contract
- We are waiting for compensation for damages due to an insured event
- If insurers refuse to compensate, we file a claim.
What to do if the car is insured under OSAGO
When damage is received without an accident, there are no fundamental differences between CASCO and OSAGO.
You can receive your refund in the same way. The whole difference is due to the features of the insurance policy:
- CASCO allows you to compensate for damage when an insured event occurs, even if the culprit is unknown
- Before receiving compensation under compulsory motor liability insurance, you need to find the culprit (the police do this)
You should always submit copies of documents to the insurance company, not their originals. Even if the contract states that it is necessary to submit originals, ignore this requirement
You must always have the original, otherwise unscrupulous insurers may damage it. In response to claims from insurance company employees, say that a notarized copy has no less rights than the original.
What to do if the culprit of the damage is road services?
If you know that the damage to the car was caused by road service employees, then the culprit is known.
The first step is to send a claim to the culprit stating that you would like to compensate for material damage.
The complaint should offer a voluntary settlement of the current situation.
If road services refuse to pay voluntarily, all that remains is to file a lawsuit. The claim must indicate the amount of material damages. To find out this amount, order an independent examination.
Why shouldn't you file a claim right away? There are 3 reasons for this:
- road services themselves punish workers for obvious mistakes, so you have a good chance of receiving compensation for losses in pre-trial proceedings
- to avoid going to court, road services can compensate for the damage in full, while the court can reduce the amount of compensation during the consideration of the case
- if the case does end up in court, the fact of your attempt to voluntarily resolve the situation will become an additional incentive to satisfy the claim
It is necessary to invite a representative of the road services to conduct an independent examination.
If you assess the damage without his participation, this may be regarded as an attempt to hide the real amount of damage.
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As a result of falling snow
If the damage to the car was caused by snow falling from the roof, the car owner may also qualify for compensation. The management company in charge of the house is found guilty of what happened in such a situation. According to the rules, the responsibilities of such institutions include clearing the roof of snow. Its layer should not exceed 30 cm... If a thaw is coming, cleaning should be carried out at a smaller thickness.
To qualify for compensation, the car owner must record the incident without leaving the scene. It is better to invite a representative of the management organization to draw up the act. The document should reflect:
- The fact of the damage to the car.
- Time. If the exact moment cannot be specified, it is worth recording the time period of snow fall.
- The address of the house near which the incident occurred.
- The damage the snow melted caused to the car.
- The fact that there were no other buildings nearby that could have fallen into the snow.
- Personal data of citizens who were present when the document was drawn up.
The completed document must be attached to the claim and contact the management organization. If the company refuses to provide compensation, you should immediately file a claim in court. The results of the proceedings depend on the nuances of the current situation.
Causing damage to a car during a natural disaster
The car can also be damaged as a result of exposure to a natural disaster. If a person finds himself in a similar situation, experts advise recording in as much detail as possible all the damage to the car. It's worth taking as many photos and videos as possible. It is worth paying attention to objects that caused damage to the vehicle. It is prohibited to touch or attempt to repair the vehicle. It is definitely worth searching for witnesses to what happened. It is possible that the moment of damage was recorded by video cameras.
When the car owner has independently recorded all the damage as a result of a natural disaster, it is worth calling a police officer to draw up a report. You should contact the department located at the place of residence of the owner of the vehicle. Representatives of the institution are obliged to record the fact of the incident. It will serve as the basis for further proceedings and compensation.
If the car owner has CASCO insurance, it is worth carefully studying it. Some companies require that the act be drawn up by their representative. If such a nuance is present, you should immediately contact an employee of the organization and call him to the scene of damage to the car during a natural disaster.
If the damage is caused by a falling tree, it is worth calling in a green space expert. He will be able to determine whether the plant was rotten or strong.
Then you need to contact your local organization. It compiles a list of victims of emergency situations. On its basis, compensation for damage to the vehicle will be made. If a citizen is not included in the list, he will not be able to apply for funds.
In addition to the basic actions, a person will have to obtain a certificate confirming the fact that the storm has affected the area. To apply, you will need to prepare an application, describe what happened and pay a fee. Its size is about 755 rubles. Experts advise keeping your receipt.
Causing damage to a vehicle
Damage to a car is one of the most common reasons why citizens go to court. The machine may be damaged as a result of the actions of third parties or the influence of hurricanes and natural disasters.
The law allows the owner of the car to claim compensation, and the person who caused the damage may be held accountable.
However, not all citizens know what actions need to be taken to receive compensation.
Article of the Criminal Code of the Russian Federation
If damage was caused to the car, compensation and punishment will be carried out in accordance with the current provisions of the Civil and Criminal Code of the Russian Federation. Depending on the nuances of the situation, I can use:
The exact choice of legal act depends on whether the damage was caused intentionally, or whether the car was damaged as a result of unintentional actions of a person.
Punishment
The severity of the punishment directly depends on the article under which the damage caused to the car falls.
The Civil Code of the Russian Federation stipulates that a person who causes damage to the property of another citizen is obliged to compensate the cost of the loss in full.
However, additional punishment is provided. In accordance with the provisions of the Criminal Code of the Russian Federation, the culprit of the incident may:
- involve in compulsory work;
- imprisonment for up to 5 years;
- assign corrective labor;
- force to pay a fine, the amount of which can reach up to 120,000 rubles.
The choice of punishment depends on the circumstances of the incident. The most severe measures are applied only in particularly serious cases.
Typically, the term of imprisonment for causing damage to a car does not exceed 2 years, and the fine is 40,000 rubles. or 3 months salary.
The exact list of measures that will be applied to an unscrupulous citizen is determined individually and depends on the nuances of the current situation.
Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.
Causing damage to a car through negligence
A person does not always cause damage to a car on purpose. In a number of situations, property may be damaged due to negligence. In this case, Article 168 of the Criminal Code of the Russian Federation comes into force. In order for a legal act to be applied in practice, the following conditions must be met:
- The amount of damage caused by negligence is at least 5,000 rubles.
- Property is damaged or destroyed as a result of the use of sources of increased danger.
If the loss of the car was caused by negligence, the person responsible for the incident must compensate the cost of the damage caused to the vehicle in full. The law allows you to take the following actions to compensate for the damage caused:
- pay for repair work;
- compensate for losses incurred by providing funds;
- replace the item with a similar one.
The specifics of compensation and the amount of compensation will be established during the trial.
Causing damage to a vehicle by third parties
The situation is classic. If the car was damaged by third parties, Article 167 of the Criminal Code of the Russian Federation comes into force. It assumes that the citizen committed the act of his own free will.
Intent in this situation is expressed in the desire to destroy or damage a car belonging to another person.
If the citizen did not intend to cause damage to property, another article of the Criminal Code comes into force or civil legislation is applied altogether.
For the court to begin proceedings under Article 167 of the Criminal Code of the Russian Federation, the damage caused to the vehicle must be insignificant. The parameter is determined in each situation individually. The action is carried out by the court. Proceedings will be initiated only if the amount of loss exceeds RUB 5,000.
In the current situation, as a punishment, a citizen may be subject to compulsory or correctional labor, and will also be required to pay a fine of up to 40,000 rubles. If the situation is particularly serious, the person may be imprisoned for up to two years.
https://www.youtube.com/watch?v=K5cdLGJH26k
If the damage to the car was caused for the sake of hooliganism, the punishment becomes more severe. If the culprit of the incident blew up or set fire to a car, and as a result of a negligent act, a person died, the length of the prison term increases to 5 years.
Compensation for harm in this situation is carried out according to the standard scheme. The citizen must compensate the owner of the vehicle for the damage caused in full.
If the damage to the car was caused by a person in a difficult financial situation, the severity of the punishment may be reduced.
However, the rule is not applied in practice if a person was injured as a result of actions that caused damage to the car.
Damage to a vehicle during construction work
If the damage to the car was caused as a result of repair work, the procedure for holding liable and receiving compensation becomes more complicated. The fact is that the culprit of what happened is not always known.
In such a situation, experts advise that you must call a traffic police representative to the scene of the incident. An employee of the institution must draw up an appropriate conclusion. It records information about the circumstances of the incident. Based on them, a citizen can try to find out who is responsible for the incident.
If it is possible to obtain the necessary information, the citizen can contact the person or organization with a demand for compensation. To complete the action, a claim is filed. The amount of payment is determined based on expert opinion. The victim can claim full compensation for damage caused to the car.
If the person responsible for what happened to the car refuses to pay for repairs or provide funds to the victim, the citizen must file a lawsuit. All available supporting documentation must be attached to the application.
Causing damage to a car with a barrier
If the car was damaged by a barrier, the driver can file a claim with the owner of the parking lot or other place where such equipment is installed.
As in the case of damage to a car during repair work, the fact of the incident must be documented. To do this, you must call the traffic police. Without recording what happened on paper, you will not be able to receive compensation.
Payment will be provided only if the fault of the parking lot owner is proven. If the driver is at fault for an accident with a barrier, he will not be able to receive compensation. The decision on whether to provide payment will be made by the court.
At the car wash
If your car was damaged at a car wash, the damage must be recorded immediately. To do this, you can perform the following manipulations:
- film a video;
- take pictures of the damage to the car;
- draw up a corresponding act.
Then you need to write a complaint to the management of the car wash. The document must be drawn up in writing.
It should indicate the amount of damage to the vehicle and the request for compensation. The list of further actions depends on the behavior of the car wash manager.
The owner of the company may agree to compensate for the damage received or refuse to carry out such manipulation.
1 situation is much simpler. If the company agrees to cover the cost of car repairs, the promise must be put in writing. The action is necessary in order to subsequently have documentary evidence of the admission of guilt by the management of the organization.
If there are still controversial issues, you can also consult a free chat with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.
If the company refuses to pay and claims that the incident is not its fault, the injured car owner must complete all documents in accordance with the rules. It will be necessary to involve representatives of the competent authorities.
Next, an independent examination of the damage caused is carried out. Its purpose is to establish the nature of the damage received and identify the cost. When the expert opinion has been received, you must contact the car wash again with a claim.
The injured car owner may also include the cost of the examination in the amount of compensation.
If the owner of the car wash still refuses to compensate for the damage, the owner of the vehicle must file a claim in court. It will be possible to receive compensation only if guilt is proven.
To do this, the statement of claim must be accompanied by a document drawn up immediately after the damage was received at the scene of the incident and confirming what happened.
In another situation, it will not be possible to prove that the damage appeared after visiting a car wash.
As a result of falling snow
If the damage to the car was caused by snow falling from the roof, the car owner may also qualify for compensation.
The management company in charge of the house is found guilty of what happened in such a situation. According to the rules, the responsibilities of such institutions include clearing the roof of snow.
Its layer should not exceed 30 cm... If a thaw is coming, cleaning should be carried out at a smaller thickness.
To qualify for compensation, the car owner must record the incident without leaving the scene. It is better to invite a representative of the management organization to draw up the act. The document should reflect:
- The fact of the damage to the car.
- Time. If the exact moment cannot be specified, it is worth recording the time period of snow fall.
- The address of the house near which the incident occurred.
- The damage the snow melted caused to the car.
- The fact that there were no other buildings nearby that could have fallen into the snow.
- Personal data of citizens who were present when the document was drawn up.
The completed document must be attached to the claim and contact the management organization. If the company refuses to provide compensation, you should immediately file a claim in court. The results of the proceedings depend on the nuances of the current situation.
Causing damage to a car during a natural disaster
The car can also be damaged as a result of exposure to a natural disaster. If a person finds himself in a similar situation, experts advise recording in as much detail as possible all the damage to the car. It's worth taking as many photos and videos as possible.
It is worth paying attention to objects that caused damage to the vehicle. It is prohibited to touch or attempt to repair the vehicle. It is definitely worth searching for witnesses to what happened. It is possible that the moment of damage was recorded by video cameras.
When the car owner has independently recorded all the damage as a result of a natural disaster, it is worth calling a police officer to draw up a report.
You should contact the department located at the place of residence of the owner of the vehicle. Representatives of the institution are obliged to record the fact of the incident.
It will serve as the basis for further proceedings and compensation.
If the car owner has CASCO insurance, it is worth carefully studying it. Some companies require that the act be drawn up by their representative. If such a nuance is present, you should immediately contact an employee of the organization and call him to the scene of damage to the car during a natural disaster.
If the damage is caused by a falling tree, it is worth calling in a green space expert. He will be able to determine whether the plant was rotten or strong.
Then you need to contact your local organization. It compiles a list of victims of emergency situations. On its basis, compensation for damage to the vehicle will be made. If a citizen is not included in the list, he will not be able to apply for funds.
In addition to the basic actions, a person will have to obtain a certificate confirming the fact that the storm has affected the area. To apply, you will need to prepare an application, describe what happened and pay a fee. Its size is about 755 rubles. Experts advise keeping your receipt.
During a hurricane
If the car was damaged during a hurricane, compensation for damage to the car is provided in the same way as in the previous situation.
The nuances of car damage compensation
To receive compensation, it is important to prove the fact of damage to the car. For this reason, experts advise not to neglect calling the employees of the relevant services and to complete all the necessary documentation.
If the papers are missing, the culprit may refuse to compensate for the damage, stating that the damage was not caused by him. The court will support the defendant in this situation.
However, the presence of supporting documentation minimizes the likelihood of evading payment of compensation.
Automotive lawyer. He has his own law office, specializes in issues related to road accidents, and protects clients in the event of drawing up reports by traffic police officers. An expert in the rules of conduct with a traffic police officer, the nuances of drawing up a protocol and the inalienable rights of a driver.
Source: https://prav-voditel.ru/prichinenie-ushherba-avtomobilju