If a tree or snow from the roof falls on a car, causing damage to the vehicle, and its owner intends to receive compensation for this, the first thing you should do is take photographs from the scene of the incident and call people there who can record the fact of the fall. Lawyer Alexandra Khityaeva named a way to get money from utility companies for a damaged car in a conversation with aif.ru.
The specialist emphasized that it is worth taking a lot of shots from different angles so that, looking at them, you can clearly determine the location of the incident. “It’s good if street names, house numbers, and address signs get into the frame. The license plate number of the car, its damaged parts from different sides, the object itself: an ice block, a branch, etc., as well as the estimated place from where it fell should be clearly visible,” Khityaeva advised. The lawyer named the police as persons capable of recording the fact of damage – if the car was parked. If the incident occurred while driving, traffic police officers will be able to help, and if in the courtyard of the house, employees of the management company will be able to help. If you have a CASCO policy, the car owner can call an insurance company employee to the place.
The next step is to figure out who is to blame for what happened. According to the expert, when snow falls on a car from the roof of an apartment building or a branch from a tree on the site that the management company maintains and services, then compensation can be demanded from the management company. At the same time, she explained that if the tree was not in danger and did not need to be cut down, but it fell due to strong winds, the claim may be denied.
If a branch or snow falls on a car on private property or near a privately owned building, damages for improper maintenance can be recovered from the owner or lessee of the property. In some cases, liability may fall on the owners of apartments in high-rise buildings in proportion to their share in the common property – for example, when they did not form an HOA and did not choose a management company. It is worth demanding money from the administration if there is no other owner or copyright holder at the site where the tree grew, or at the house from which the snow fell. Finally, if your car was damaged by a tree near the road or a snow embankment that should have been looked after by the relevant organization, you can contact the company responsible for maintaining the road for compensation for the damage.
Khityaeva said that the owner of a damaged car in court can demand not only compensation for damage to property, but also compensation for moral damage. However, if the car belongs to an organization, it can only receive money for damage to the vehicle.
Previously, summer residents called method of dealing with snow thieves.
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