The author posted a question in Legal Advice
How to make the perpetrator of the accident to return the material damage? and got a better answer
Response from
Response from 0[+++++]
Return everything. At a price determined by an independent appraiser. We won that way, but not at the first attempt, like you. It's harder to collect the money later.
Return everything. At a price determined by an independent appraiser. We won that way, but not at the first attempt, like you. It's harder to collect the money later.
Response from 0[+++++]
First of all, there is a calculation of the damage. Which was done by an independent expert. And you have to pay according to it. No one should not care where and how much I repaired the car Lawyer who was going to hire the guilty party actually lag The maximum that the court will require - to provide the replaced parts What court decision you are not satisfied if the court was not? Money then tormented to get on the decision of the court.
First of all, there is a calculation of the damage. Which was done by an independent expert. And you have to pay according to it. No one should not care where and how much I repaired the car Lawyer who was going to hire the guilty party actually lag The maximum that the court will require - to provide the replaced parts What court decision you are not satisfied if the court was not? Money then tormented to get on the decision of the court.
Response from 0[++++]
As far as it is clear from your question the court denied you a claim for compensation of damages from the accident in full or in part. Most likely in his lawsuit, you asked the court to levy the defendant the amount of damages more than that determined by the expert in connection with what you in confirmation of the real damage were demanded and the checks. Judging by your situation to confirm the real damage actual cost of repair of the car you were not able to. But in this situation, the court had to levy from the perpetrator of the accident the amount of damage determined by the expert, and in compensation of the unconfirmed amount to refuse to consider it as an unjustified enrichment. In this case, the court will be right and the appeal will not give you anything. Another thing is if the decision You claim was denied in full, then appeal it necessarily because the amount of damage determined by the expert should levy in Your favor in a mandatory manner. With regard to moral damage, the claims for compensation for material damage is not related to damage to health always refuse such is the judicial practice and setting of higher instances.
As far as it is clear from your question the court denied you a claim for compensation of damages from the accident in full or in part. Most likely in his lawsuit, you asked the court to levy the defendant the amount of damages more than that determined by the expert in connection with what you in confirmation of the real damage were demanded and the checks. Judging by your situation to confirm the real damage actual cost of repair of the car you were not able to. But in this situation, the court had to levy from the perpetrator of the accident the amount of damage determined by the expert, and in compensation of the unconfirmed amount to refuse to consider it as an unjustified enrichment. In this case, the court will be right and the appeal will not give you anything. Another thing is if the decision You claim was denied in full, then appeal it necessarily because the amount of damage determined by the expert should levy in Your favor in a mandatory manner. With regard to moral damage, the claims for compensation for material damage is not related to damage to health always refuse such is the judicial practice and setting of higher instances.
Response from 0[+++++]
Chances are few, even with a court decision. The perpetrator may not have property of large funds will pay 100 rubles a month. You should have been better prepared for the first hearing, apply to the court with a petition to seize the known property to secure the claim. Stand your ground the court should take into account the calculation it is good that a telegram was sent.With the decision of the court go to the bailiff will drag time sue the bailiff that does not comply with the decision of the court. Try to include moral damage with the involvement of witnesses be legally savvy. Apply to the Fund of the insurers they help in cases of non-insurance cases. And other actions. I think the lawyer will not help you much will go bankrupt on the services.
Chances are few, even with a court decision. The perpetrator may not have property of large funds will pay 100 rubles a month. You should have been better prepared for the first hearing, apply to the court with a petition to seize the known property to secure the claim. Stand your ground the court should take into account the calculation it is good that a telegram was sent.With the decision of the court go to the bailiff will drag time sue the bailiff that does not comply with the decision of the court. Try to include moral damage with the involvement of witnesses be legally savvy. Apply to the Fund of the insurers they help in cases of non-insurance cases. And other actions. I think the lawyer will not help you much will go bankrupt on the services.
Response from 0[+]
formally, he can demand the appointment of a forensic examination to assess the damage. and you have already repaired the car. there may be problems with this point.
formally, he can demand the appointment of a forensic examination to assess the damage. and you have already repaired the car. there may be problems with this point.
Response from 0[+++++]
You need to look at the case file A normal lawyer in a case like this does not comment on anything until you get acquainted with the materials and the assessors are not all competent and the judges so.
You need to look at the case file A normal lawyer in a case like this does not comment on anything until you get acquainted with the materials and the assessors are not all competent and the judges so.
Response from 0[+++++]
If there is a conclusion of the expertise, you are obliged to return the amount of damage specified in the report. And also attach a check on payment for the services of experts and also recover this amount.
If there is a conclusion of the expertise, you are obliged to return the amount of damage specified in the report. And also attach a check on payment for the services of experts and also recover this amount.