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Determining the amount of material damage due to flooding and fire

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

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Determining the cost of goods, equipment

Determination of quality indicators and characteristics of goods, equipment

Examination of household appliances

Examination of raw materials

Determination of the cost of equipment repair





Ukrainian law enshrines the right of a victim to claim compensation for material damage to his property. Compensation is paid regardless of whether the damage was intentional or negligent. Persons whose property has been damaged or destroyed due to the illegality of the actions of others have the right to compensation for material damage. Such damage is determined in monetary terms. But in considering such disputes, the plaintiff is obliged to confirm the fact of damage or destruction of property, and justify their material claims. The most common types of damage or destruction of real estate are flooding or thermal exposure (fire).

Compensation for damages in court is possible only after documentary confirmation of the fact of damage (act of flooding or fire) and determining the amount of material damage by conducting an expert assessment.

Determining the amount of material damage due to flooding is one of the services provided by the Western Ukrainian Expert Advisory Center. Our specialists will accurately determine the amount of material damage to property, using special techniques and appropriate programs. This takes into account both direct and indirect losses, as well as factors affecting the value of the property. 

The expert opinion on determining the amount of material damage, which is issued to the customer, has the status of an official document of evidentiary value and can be used in court. Acts of examinations, drawn up based on the results of their conduct, relating to the determination of the amount of material damage due to flooding, fire, etc. factors accepted as evidence by all arbitral tribunals, including foreign ones.



Determining the amount of material damage due to flooding of apartments and other real estate

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.

Documents required to determine material damage due to flooding:

  • Legal documents for real estate.
  • Technical passport of real estate.
  • Act of flooding.
  • Receipts, checks, purchase agreements for damaged items (if available).
  • Copies of passports and TIN for natural persons-owners of property.

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.

Documents required to determine the amount of material damage:

  • Real estate document certifying the right of ownership / use.
  • Technical passport for real estate.
  • Housing and maintenance office (ZhEK) act / defective statement from the maintenance service.
  • Fire documents drawn up by the fire service.
  • Passport and identification code for individuals - property owners.
  • Constituent documents for legal entities - property owners

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:

  • What is the amount of material damage caused to the property owner as a result of damage to this property (in case of fire, flooding, etc.)?

  • What is the cost of the object under study, taking into account the wear and tear immediately before exposure to fire, flooding, etc.?

  • How much has the quality and price of goods damaged as a result of flooding, fire, chemical pollution decreased?





 

Terms of service

The approximate terms are:

  • for forensic examinations - 60 days;
  • for expert research - 10 days.

The exact terms will be calculated at the time of order, taking into account the scope of the study and the current workload of specialists within the limits provided for paragraph 1.13. Section I "Instructions on the appointment and conduct of forensic examinations and expert research", approved by the Order of the Ministry of Justice of Ukraine 08.10.1998 № 53/5.

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