How to file a claim for property damage

How to fill out the form

The application must be filled out properly. If any errors are discovered, the review period will increase significantly. The claim is written on blank A4 paper in legible handwriting. Only black or blue paste can be used.

Any legal claim is filled out according to the following algorithm:

The following documents can be used as attachments:

• checks;
• if an examination was carried out in order to determine the amount of damage, then a special conclusion is required;
• if the interests of the plaintiff are represented in court by a trusted person, then a power of attorney is required;
• medical certificates;
• photo or video materials;
• a receipt indicating payment of the state duty.

This is only a partial list of possible applications, as each situation is different.

The evidence base can be the testimony of witnesses, which can be used by both parties to the conflict. Any documents that confirm the plaintiff’s claims are also presented.

According to Article No. 195 of the Civil Code of the Russian Federation, the statute of limitations for filing such a claim is 3 years. It cannot be extended and there is no effect on stopping it early.

To file a claim in court, the plaintiff must do the following:

1. Carry out the mediation procedure together with the perpetrator.
2. Check to see if the statute of limitations has expired.
3. Complete the application according to all the rules.
4. Pay the state fee.
5. Collect the necessary package of documents.
6. Go to court.
7. Wait until the trial date is scheduled.
8. Competently defend your position in court.
9. Wait for the decision to be adopted.

In case of theft

Consideration of a claim for compensation for material damage from a crime occurs within the framework of a criminal case (for example, in case of theft). When making decisions, the court takes into account the plaintiff’s demands, but if they were not stated at the stage of legal proceedings, then the victim has the right to file a civil claim.

The court's decision may be one of the following:

• compensate the applicant for full material damages;
• compensate for partial damage;
• deny the claim completely.

You can learn about the decision from the reasoning part of the proceedings. The decision can be appealed through a higher authority, but this must be done immediately after it comes into force.

Sample statement of claim for compensation for damages in case of theft:

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In case of an accident

A claim can be filed in case of an accident, but experts first recommend going through a pre-trial compensation procedure. According to the law, the applicant may not prepare a written demand, but immediately after the accident file a claim in the district court. But if claims are sent to the insurance company, then pre-trial procedures cannot be avoided.

The plaintiff may not go to court, but try to resolve the conflict peacefully and come to an agreement with the person responsible for the accident.

In practice, the defendant ignores the submitted claim, therefore, before drawing up the claim, the following points must be taken into account:

• the text must contain the main essence and be understandable;
• describes the accident that caused certain losses, as well as a request for compensation (in addition, you need to indicate why the recipient of the claim must pay for the damage);
• for what reasons the insurance company cannot cover losses;
• it is necessary to avoid rude phrases, as well as insults;
• obvious and hidden damage to the car is indicated, as well as a document that will serve as evidence;
• the amount of recovery that is required to be received from the culprit of the accident: car repairs, evacuation costs, specialist assessment, and so on.

Applications in the form of photocopied documents are allowed, for example:

• paper that confirms the fact of an accident;
• document confirming ownership of the car;
• various receipts that confirm the costs of repairs and other services;
• expert opinion on the assessment of damage caused;
• other papers.

The claim must be sent to the recipient by registered mail with notification at his place of residence.

A lawsuit must be filed within three years from the date of the accident. If deadlines are missed, the court may not take such appeal into account.

Requirements for a claim:

• if the applicant previously sent a claim to the culprit, and he ignored it, then this must be indicated;
• if the person who caused the accident is not the owner of the car, then he will still act as a defendant (in the event of the death of the person responsible for the accident, his heir will be responsible);
• describes the accident, as well as the damage caused to the car;
• the claim is filed in the territorial court according to the place of residence of the defendant;
• if there are several perpetrators of an accident, only one statement is allowed;
• Applications may include photocopies of checks, documents, receipts for payment of state duties, and so on.

To recover damages, the plaintiff must include in the statement of claim all costs associated with the accident:

• any actual expenses (for example, evacuation, expert services, etc.);
• the average price of a car on the market (required if the damage caused exceeded the value of the vehicle);
• moral damage caused.

After filing the claim, the court will set a date for the hearing. To begin with, a conversation is carried out, during which the position of the defendant is clarified, as well as whether the evidence provided is sufficient. After this, the case is considered on its merits.

If the defendant does not appear at the court hearing without a good reason, the court may make a decision in advance. If the court sided with the plaintiff, then a writ of execution is issued, which must be sent to the place of residence of the perpetrator.

If the court does not satisfy the requirements specified in the claim, then the plaintiff can file an appeal within a month from the moment the decision enters into legal force.

Sample statement of claim for compensation for damages in case of an accident:

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Example of a statement of claim

To the Svobodnensky City Court
of the Amur Region

Plaintiff: MobSystemAmursk LLC, address: 676450, Svobodny, st. Lenina, 164,

TIN 878956995255, OGRN 7899555454,

tel. 5975696324, represented by legal adviser Vasily Leonidovich Smirnov, acting under power of attorney No. 78113 dated 01/01/2020,

address: 6764450, Svobodny, st. Vasilyeva, 48-14

Defendant: Faizullin Fedor Mikhailovich,

Born 08/05/1982, place of birth: Uzbek SSR, address: 676450, Svobodny, st. Kommunarov, 15,

TIN 698461564524

tel. 5654315454165

Cost of claim: 125,000 rubles.

Statement of claim for recovery of material damage

On April 13, 2021, an employment contract was concluded between MobSystemAmursk LLC and the defendant. By order of the director of MobSystemAmursk LLC No. 45 l/s, the defendant was hired as a “payment system service specialist.”

The plaintiff's job responsibilities included servicing and storing funds. Therefore, on April 13, 2019, MobSystemAmursk LLC entered into an agreement with the employee on full financial liability. The director approved the employee’s job description (responsibilities for collection, storage, transportation, delivery of funds to the organization’s cash desk). By order of the director No. 48 dated January 1, 2019, the Rules for the storage and transportation of funds were approved, ensuring their safety. And route No. 1 is assigned in order to carry out the assigned job duties.

On June 19, 2021, the defendant committed a violation of route No. 1, the Rules for the storage and transportation of funds. According to clause 8 of the Rules, the bag with money is always with the driver. As a result of the violations, an unknown person stole funds in the amount of 125,000 rubles from the employee’s official car. By order of the director No. 62, the Plaintiff carried out an inventory. And he established a shortage of funds in the amount of 125,000 rubles.

Based on the fact of the theft, police department No. 5 opened a criminal case against unidentified persons. On June 24, 2021, an internal inspection was conducted. The audit materials contain written explanations from the defendant confirming the above facts. On June 25, 2021, the defendant resigned from the organization of his own free will.

Based on the above, guided by Ch. 39, art. 232-233 Labor Code of the Russian Federation, Art. 131-132 Code of Civil Procedure of the Russian Federation,

Ask:

1. To recover from Fedor Mikhailovich Fayzullin in favor of MobSystemAmursk LLC funds in the amount of RUB 125,000.

Application:

1. Receipt for payment of state duty to the court
2. Extract from the employment order
3. Employment contract
4. Inventory report
5. A copy of the agreement on full financial liability
6. Internal investigation report
7. Job description
8. Order No. 48 of 01/01/2019
9. Copy of the representative's power of attorney
10. Notice of sending the claim and documents to the defendant

07/20/2021 Smirnov V.L.

How to choose an authority

In such a case, the main thing is to correctly determine the jurisdiction. This means that the applicant must apply to the appropriate court, which has sufficient powers to consider such an issue. Copies of the statement of claim must be designed for all persons who take part in the case.

List of authorities to which the claim is filed:

What should an employer do before going to court?

Before going to court, the employer must take a number of mandatory actions.

First, it defines the limit of the employee's liability. The employer can recover damages in full when he has concluded an agreement with the employee on full financial liability. But for this, the employee must be hired by the employer for a specific position. Which involves working with monetary or material values.

In addition to such a document, the employee compensates for material damage in full in cases expressly provided for in Article 243 of the Labor Code of the Russian Federation. Causing damage as a result of an administrative offense, crime, while intoxicated, outside of working hours.

In other cases, the employer may only recover an amount equal to that employee's average monthly earnings. The employer must issue an order or instruction within 1 month from the date of final determination of the amount of material damage caused.

Secondly, there are requirements for the procedure for establishing the employee’s guilt and the amount of damage. And if the employer violates it, the employee can challenge the recovery of damages.

The employer is required to conduct a check. Issue an order, create a commission, demand explanations. During the audit, the amount of actual losses should be established based on the employer at market prices on the day the damage occurred. These written documents will serve as evidence when the court considers the case.

In what case is a claim for compensation for material damage from a road accident filed?

There are two main procedures for solving a problem - pre-trial and judicial. Going to court for an accident is only required if the victim was unable to obtain compensation before the trial.

To do this, you need to file a pre-trial claim. It indicates the exact amount of damage along with relevant copies of documents. It can be handed over to the guilty party or the insurance company against signature. It is also permitted to send papers by registered mail with acknowledgment, which is considered proof of delivery. If within a month you do not receive a response or the other party does not make contact, you can contact the judicial authority. The outcome of the review depends on how well the complaint is filed with the court.