Determination of the amount of material damage due to flooding and fire

Flooding is the most common case of material damage to real estate. Floods are often caused by faulty water mains (can be considered an insured event) or negligence of neighbors.

In addition to identifying the perpetrators of the flooding, who must compensate for the material damage, it is necessary to determine the exact amount of compensation that would cover all potential costs for repairs and replacement of damaged property.

Examination may be required to resolve disputes before the litigation, and is necessary when considering the case in court (if you agree with the perpetrator of the flooding is not possible). The perpetrator of the flood must understand that in the case of recourse to the court, in the end, in addition to the amount of compensation for the damage, he will have to pay all court costs and services of an expert.

Determining the amount of material damage due to flooding is required in the following cases:

• Residential or commercial real estate was flooded by neighbors or companies located upstairs.
• The roof leaked, the pipeline broke or the wall was leaky.
• You are the culprit of the flood, but the injured party demands from you significantly overstated amounts to compensate for damages.
• Counter-examination is required to defend your position in court.

Procedure for flooding the apartment

1. First of all, it is necessary to turn off the electricity supply to the premises and find out the cause of flooding and, if possible, eliminate it.
2. Carry out self-photo and video recording of flooding results.
3. Call the public or private emergency service - ZhEK, KK, condominiums, etc.
4. Draw up an act of flooding.
5. Apply to the perpetrator for compensation. If he refuses to pay damages, you need to hire a lawyer and prepare a complaint to the court.
6. Call an independent expert to determine the amount of damages and obtain an expert opinion to confirm your claims in court.

Drawing up an act on flooding the premises

When filling out the act on the causes and consequences of flooding, the fact of damage to the premises (residential or commercial real estate) is recorded. The act must be drawn up even if the employees of the housing maintenance organization offer to limit themselves to an inspection of the premises, or the culprit does not refuse to reimburse the damage. After some time, the situation may change, and without the act you will not be able to prove anything or file a lawsuit. The act is drawn up immediately after the flooding of housing, but keep in mind that all the consequences may appear in a few days.

The form of the act is allowed arbitrarily, but the following information must be provided:

• place and time of the event;
• surname and positions of those present.
• description of damage to housing and property;
• probable causes of flooding.

The act of flooding the premises (in 3 copies) is signed by all participants in the procedure and certified by the seal of the maintenance service. The injured party is given one copy, the other - the perpetrator of the flood, another remains in the housing organization. In case the guilty party denies his involvement or refuses to sign, this should be indicated at the bottom of the act, above the signatures of other persons.

If after a while new damages appear, the call of the operating company is carried out again with drawing up of the additional act.

Sample flood report

What determines the amount of material damage due to flooding

When conducting an assessment, the expert must take into account all the factors that affect the amount of material damage. Determining the amount of damage caused to real estate due to flooding, is the amount of damage, taking into account:

• flooded area;
• the period that has elapsed since the last repair;
• cost and quality of finishing materials of flooded housing;
• the current cost of construction materials and repairs.

The cost of expert assessment of losses after flooding of real estate depends on the amount of damage, the area of ​​the affected premises and the location of the property.

Note that the expert assessment of damage due to flooding must be paid on the basis of the contract for such an assessment. In the interests of the Client to keep the receipt of payment for assessment services (as a result of litigation in favor of the victim, because the cost of the examination paid by him (assessment services) must be reimbursed by the perpetrator of flooding in full).

Determining the amount of material damage due to fire

A fire is an uncontrolled burning of fire that spreads in space and threatens human life and health, causing significant material damage. The cause of the fire is often damage to communications or criminal negligence.

Determining the amount of material damage due to fire is necessary to determine the amount of damage caused to real estate and property located in it. The source of compensation for the damage may be the perpetrator of the fire (individual or legal entity), or an insurance company. If the damage is caused to commercial real estate, the expert also determines the amount of lost profits, which is caused by the inability to operate a commercial building, production premises, damage to the consignment.

Depending on the cause of the fire, there are the following purposes of the assessment:

• for lawsuits (to prove arson, criminal negligence, etc.);
• to cover losses to insurance companies, etc.

Compensation for losses under these conditions must be an insurance company or an established culprit (individual or legal entity).

In order for the expert assessment of the damage caused by the fire to be as objective as possible, it is necessary to conduct an examination or expert examination to determine the amount of material damage due to the fire as soon as possible after the incident.

The list of the basic questions which are put before Commodity examination in case of damage of the goods, the equipment owing to flooding, fire, etc. natural influences: