Most car owners do not know what to do if snow has fallen on the car from the roof. But there is a legal basis for damages from the culprit. What to do in this case and how to obtain evidence for further damages? The issue becomes more relevant when it comes to an expensive car. We’ll talk about this.
An icicle or snow fell on a car. Sequencing
It is important to beware of repeated snow melting (very important). If the snow fell once, then it is not a fact that this will not happen again. Measures to be taken in this case:
- To fix damage and the fact of snow on the car roof in a photo or video.
- To call the police.
- Find witnesses.
- Contact the management company.
- Draw up documents about the incident (the police are involved).
- Choose an appraiser. Assess the extent of damage.
- Call CASCO insurance company.
- Notify all interested parties of the examination.
- Conduct the examination itself.
- Claim the management company.
- Turn to the court in case of her refusal of damages.
Fixation
It is important to record in detail and comprehensively this event and its consequences. You can use a camera or camcorder for this. It is preferable to take pictures, because quite often in court video evidence is not taken into account due to gaps in the legislation.
What you need to take pictures:
- Damage to the car that can be seen from under the snow (the snow itself does not need to be cleared).
- The scale of the fallen block.
- The location of the vehicle on the ground relative to the building where the snow fell. It is desirable to take a photo from different angles.
- Registration number of the car.
- Building number and street name, type of building, number of storeys.
- The point of the main snow fall.
- Places of accumulation of snow mass on the roof.
- Validation of parking.
When looking at the photo, it should be immediately clear what happened, where and with what car. The more information that is present in the photographs, the more likely it is to win the case and compensate for the damage.
Eyewitness Search
It is important to find witnesses who saw snow falling on the car from the roof. You need to talk with them and ask for evidence if necessary. Write down their addresses, phone numbers. Also pay attention to cars parked nearby - they could also be damaged. It does not hinder to find contacts of these people, which will make it possible to draw up a class action lawsuit.
Police call
It is the police that must be called in this case, because the incident occurred during the absence of movement of the vehicle. That is, if snow fell on the car from the roof, then this is not a traffic accident.
After calling the police, the operator may suggest that you come to the department yourself to write a statement, but you must insist that the employees themselves arrive. The violation must be fixed in place.
The situation when snow fell on the car from the roof while driving is a traffic accident, and the traffic police inspectors should deal with this.
Protocol writing
Arriving police officers or the traffic police must record the event, record the testimony of the victim, the owner of the building, witnesses, and the management company. A protocol will be drawn up upon the fact of the application - it will serve as the basis for the audit, after which it will be established that there is no fact of intentional damage.Then the employees will issue a decision not to institute criminal proceedings. You will receive this decision in a week at the police station.
It is important to ensure that the event is written in the protocol in a detailed manner, noting the fact of falling from the roof of the snow, but also 
the place from which it happened. It is also important to have a clarification on the correct parking of the vehicle.
Search for a management company or owner
If snow has fallen from a non-residential or office building, then you need to look for the owner. He can usually be found by talking to a guard or tenant. As for the management company, the concierge has information about it. Even on the Internet you can find information about the company that serves this or that house. Most likely, there will be no problems with this.
It is worth noting that in some cases there may be two culprits: this is the management company and the owner. For example, if snow fell on a car from the roof of the balcony, then in accordance with article 1080 of the Civil Code of the Russian Federation, the culprits can be held liable together, since the management company and the owner must monitor the roof of the balcony.
Drawing up an act
Ideally, an act of damage to property should be drawn up together with the owner or representative of the management company. But more often than not, owners refuse to draw up such acts. There is nothing to worry about. The management company is likely to agree to an act. The document must display all the details of the case, obtain the signatures of the owner / representative of the management company, witnesses, and also put your own.
If this paper could not be filled, then the owner’s refusal should be recorded in another act. Even in the absence of witnesses, documents drawn up by the police will suffice.
If you have a CASCO insurance policy, you must notify your insurance company, which will direct the commissioner to the place. If this is not done, then you can not get the right compensation.
Expertise
After collecting all the necessary documentation, you need to find a specialist who can accurately assess the nature of the damage caused. On the Internet you can find many companies that are ready to provide similar services. Find an expert and agree on the date of the examination. At the same time, it is necessary to notify the owner or management company about this event. This can be done by sending a telegram by Russian Post, for example. The notice must indicate the date, place and reason for the examination.
Compensation Claim and Court
After the examination is carried out, and you receive its results indicating the amount of damage caused, it is necessary to draw up a claim in which the requirements should be stated. The claim is sent to the address of the responsible persons by mail with a notification of delivery. You can deliver this document yourself.
Most likely, you will not wait for the payment. In this case, you have to go to court. For this you will need the documents:
- Statement of claim.
- Report on the examination.
- Photos confirming the fact of snow falling from the roof.
- Resolution of the Ministry of Internal Affairs.
- Claim for damages with confirmation of its sending to the guilty person.
- State duty receipt.
- Documents for the car.
Other papers may be required - this can already be clarified in the court itself.
Finally
As you already understood, this is a rather complicated procedure that will require a lot of time. Therefore, if the damage is minor, and the car is cheap and old, then perhaps you should not start the whole process. However, if an expensive car was damaged, it is unlikely that the owner will not insist on compensation for damage.