What compensation will be received by the victims of the thunderstorm in Moscow
How and from whom can the owner of a car damaged by a fallen tree receive money to repair the damage it has received.
The thunderstorm that happened last night in Moscow knocked down more than a thousand trees and damaged about a hundred cars. What should a car owner do if several tons of knotty wood collapsed on his property? When there is a CASCO policy, and it covers such cases, everything is simple. We fix what happened with the help of police officers and contact our insurance company for compensation. But now CASCO is not a cheap pleasure, and such cases are considered insurance far from every contract. Therefore, most often, compensation for damage to the car owner has to be won on his own. We note right away: it is futile to butt for damages if the car was damaged by a tree while parked in the wrong place - on the sidewalk, in a forest park or on a lawn.
In all other cases, there is a good chance to recover damages from the organization or the owner of the territory on which the fallen tree grew. Immediately after his fall on the car, we call the district police officer to the scene. If it happened in motion, then the traffic police officer. While law enforcement officers get to you, catch all the witnesses of the event, collect from them their names, surnames, contact numbers, as well as consent to testify to the circumstances of the incident.
Be sure to photograph or film a picture of what happened - the tree itself, the damage caused to it, general plans that allow you to identify the place of the event (street, houses with their numbers, signposts, road signs
In any form, make an inventory of the damage to the car with the police officer. It must be issued in triplicate, which must be signed by you, the policeman and a representative of the company responsible for the maintenance of the territory. If the latter refuses to sign, an appropriate entry should be made in the document. When a tree fell in the yard of a house or on any similar territory, the management company, HOA, or another form of administrative and communal life is responsible for its consequences.
If the tree was strong and healthy, it will be difficult to obtain compensation for damage. If the rotten or dried up collapsed, the fault of the public utilities who did not keep track of it will be obvious. To clarify this issue, you will have to order (and pay for) the appropriate examination by a dendrologist. It is recommended to make and save in case you have to go to court later, cut down the tree trunk in the area of the break. In addition, you will have to order a certificate from the local hydrometeorological center, which will indicate whether storm warnings were announced at the time of the incident.
It is needed so that in court the organization responsible for the condition of the tree does not come out dry from the water, writing off what happened as force majeure. An assessment of the damage must be done. To do this, you can either submit the car for examination, or call a specialist directly to the scene. The alleged perpetrator of the emergency must be notified of the examination no later than three days before the date of the inspection. A telegram or a letter with acknowledgment of receipt is best suited for this.
Most often, the "owner of the tree" is completely unwilling to pay for the damage caused by the fall. In this case, you will have to go to court with all the listed documents and "material evidence". Everything there will depend on the quality of the evidence you collect, as well as the qualifications of the lawyers and legal representatives of the parties.
