Compensation for damage from fallen wood, road holes, icy sidewalks, falling objects from buildings.


 
Compensation for damage from fallen wood, road holes, icy sidewalks, falling objects from buildings.
 
I woke up this morning. I got ready for work. I went out and saw a fallen tree on my car. It is important to know that I am entitled to compensation - what can I do and what I have to pay attention to. Municipalities are responsible for these damage as the owner of the green areas. Except in these circumstances, the law entitles me to seek compensation in other, very different situations.
 
How can I be compensated?
Green areas are municipal property. As the owner, the municipality is the one who maintains and responds to incidents. When the damage is caused by a thing - in this case it is the tree that falls on my car - the municipality is responsible as the owner. If I have insurance, the insurance company will pay me the compensation right away, and she will have the opportunity to look for it from the municipality. The insurance of a car by an insurer is described here. In order to get compensation, the damage must be caused by the item itself.
 
Compensation can be obtained by bringing a claim to the District Court. For example, if the tree falls on my car in Plovdiv, I will turn to the Plovdiv District Court. I have the right to file a claim no later than 5 years after the occurrence of the disability.
 
Why is it in a district court and what other cases it is dealing with? I can learn here.
 
In order for the municipality to be responsible, it is necessary to have at the same time three prerequisites:
 
damage to my car;
the damage is caused by the tree that has fallen;
relationship between the damage to my car and the fall of the tree - the fall of the tree has caused a broken glass of my car.
 If I have contributed to the disability, I will not get full compensation.
 
Furthermore, I must bear in mind that if the damage is due to a casual event or force majeure, I can not claim damages from the municipality. For example, if there was a storm or a strong wind last night that caused the fall of the tree, the municipality would not be responsible. This is because the fall of the tree is not the result of any unlawful behavior on its part.
 
A tire burst or a distorted rim because of a hole on the road. What now?
If it falls into an unmarked hole on the road, it can cause damage to the vehicle I manage. I can seek compensation from the state or the municipality. They are responsible for the construction, repair and maintenance of roads.
 
What is important to keep in mind? In this case, I can look for the responsibility of the state or the municipality as the owners of the roads.
 
The state will be responsible if it happens on a republican road. Republican roads form the state road network (eg magistrates). They are managed by the Road Infrastructure Agency. If I get into a hole on a municipal road, I will seek compensation from the municipality that owns this road. The management of the municipal roads is assigned to the mayor of the municipality.
 
Here again, there must be three prerequisites: damage to my car; to be caused by the thing (in this case it is the way) and the mutual connection between them.
 
Immediately after the incident, I have to call a Traffic Police official to draw up a report on a traffic accident. This record reflects the damage and serves as evidence in court. More about my rights in road traffic accident I can read here.
I have to file a claim in the court in whose area the accident occurred. I have the right to file the claim within 5 years of the accident.
If I have insurance, the indemnity will be paid to me by the insurer. He, in turn, will have the right to seek the amount paid to me by the state or the municipality.


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Compensation for damage from fallen wood, road holes, icy sidewalks, falling objects from buildings. Compensation for damage from fallen wood, road holes, icy sidewalks, falling objects from buildings.