Issues of conducting independent auto examinations as part of receiving monetary compensation under compulsory motor liability insurance are set out in Articles 12 and 12.1 of the Federal Law “On Compulsory Motor Liability Insurance”, as well as in the Rules of Compulsory Insurance and ordinary agreements on the provision of automobile insurance. The same rules, with minor changes, apply to CASCO insurance. A vehicle examination allows you to assess the amount of damage received as a result of an accident, as well as examine all its circumstances.
An examination of vehicles after an accident is done with the aim of analyzing and estimating the cost of future repairs and, accordingly, the amount of monetary insurance compensation. It can only be carried out by specially trained and accredited expert technicians who have successfully passed the Interdepartmental Certification Commission and are included in the Unified State Register.
What is an independent examination
An investigation of damaged vehicles is carried out by the insurer after notifying it of a road incident. Car owners have the right to contact independent appraisal companies to determine the exact damage. This makes it possible to avoid deliberate underestimation of the amount by experts collaborating with the insurance company. A technical inspection is carried out to establish a cause-and-effect relationship between the accident and damage to the car if there is a discrepancy in the testimony of the participants in the incident.
Reasons for carrying out
An independent expert assessing the car after an accident arrives after notifying the driver about the road accident. Grounds for conducting a technical inspection of a damaged vehicle:
- determination of the nature and extent of defects;
- establishing a cause-and-effect relationship between the circumstances of the accident and the presence of damage to the vehicle;
- research of transport for wear of parts and machine components;
- checking the correctness of the calculated material damage by the insurer;
- suspicion of failure to account for significant damage;
- establishing the exact amount of repair work;
- filing a claim in court.
It is important to know! An independent examination is aimed at determining the exact amount of material damage for participants in an accident. The study can be ordered by a traffic police officer, as well as investigative authorities to establish the causes of an emergency if there are victims as a result of the incident.
Who carries out
Insurers determine the amount of compensation after receiving information about a road incident. For objective research results, drivers have the right to contact appraisal companies, whose specialists conduct an independent examination after an accident. Employees must have specialized education and regularly improve their skills. Technical inspection of vehicles is carried out by experts who are members of a specialized organization in the field of automotive merchandising.
Registration of inheritance for a car
Today, inheritance of vehicles is the most common type of inheritance and raises a considerable number of questions. In this article we will answer in detail the question: how to register an inheritance for a car?
And so we’ll figure out what the heir should do in order to inherit the car.
To begin with, it must be said that ownership of a car does not automatically pass to the heirs. In order to enter into an inheritance, you must accept it. At the same time, when accepting an inheritance, the heir accepts all the property, as well as all the obligations of the testator, and not just certain ones (you cannot inherit only a car without accepting, for example, other property and debts). Often, the estate includes significant debts that exceed the value of the car, so whether or not to accept the inheritance is an important issue on which the heir must decide before accepting the inheritance.
On the Internet you can find a division of methods of accepting inheritance into extrajudicial and judicial. However, this division is not entirely correct. However, there are really two ways to accept an inheritance.
- The first way to accept an inheritance is to contact a notary with an application to accept the inheritance. That is, in this case, the heir expresses in writing his desire to accept the inheritance.
- The second method of accepting an inheritance is the actual acceptance of the inheritance. The legislator indicates that the heir is considered to have accepted the inheritance also if he has performed actions indicating the actual acceptance of the inheritance, which manifests the heir’s attitude towards the inheritance as his own property. In this case, the law does not require the heir to submit an application for acceptance of the inheritance, but you will still have to contact a notary to obtain a certificate of the right to inheritance, attaching evidence of the actual acceptance of the inheritance. Read about evidence of actual acceptance of inheritance in this article.
Regardless of the basis for inheriting a car: by will or by law (without a will), the heirs can accept the inheritance in any of these ways.
A car can be inherited either by will or by law. But, at the same time, if the right passes to the heir under the will, then it should not be canceled or changed during the life of the testator, which can be confirmed by the notary who certified the will. In case of transfer of the right to a car by inheritance, according to the law, you will need documents indicating the relationship of the heirs and the testator.
The general period for accepting an inheritance by any method is 6 months.
Types of examinations
The study depends on the composition of the participants in the accident. A single examination is carried out by one of the car owners when resolving a conflict without the presence of traffic police officers. A commission inspection is appointed if more than two vehicles are involved in an emergency or it is impossible to identify the guilty party at the scene of the incident. If there are injured citizens, a forensic examination is carried out: specialists determine the circumstances of the road incident in order to identify the culprit of the collision.
It is important to know! The type of inspection depends on the purpose of the assessment activities. The driver can request one type of examination or a comprehensive examination of the vehicle. If there is disagreement with the primary results, an additional examination is ordered to provide a full explanation of the verdict. A repeated analysis is carried out if there are doubts about the objectivity of the conclusions made, compliance with requirements, the emergence of new case materials, or to appeal the initial conclusion.
Estimated
The auto expert establishes the amount of material compensation relating to restoration work, including the cost of technical parts and services of service station specialists, depending on the nature of the damage, hidden defects, and wear. Based on the data received, the exact amount of repairs is determined based on current market prices at the dealer.
Traceological
During the inspection of the car, experts determine the speed and trajectory of the vehicle at the time of the incident. Subjects of research:
- car make;
- tire type;
- braking distances;
- condition of the roadway;
- parameters of the machine's adhesion to the coating;
- coefficient of braking, acceleration, resistance.
- vehicle parts found at the scene of the incident;
- items related to the circumstances of the case.
Traceological examination is carried out to identify the culprit of the collision and the circumstances that led to the emergency. Analysis of physical evidence allows us to determine the possibility of preventing an accident by the driver of a damaged vehicle.
Autotechnical
The study is ordered to determine the cause-and-effect relationships of a traffic accident. Automotive examination after an accident establishes the technical condition of the vehicle before the accident (serviceability of parts, wear of parts), road conditions, environmental features, external circumstances that led to the collision. During the inspection, specialists analyze the correctness and sequence of the driver’s actions.
Road transport
When carrying out this examination, specialists study the speed of movement, restrictions on a specific section, and the time spent traveling the route. Compliance with traffic rules is also assessed. When making a decision, the indicators of the speedometer before the start of emergency braking, the theoretical possibility of avoiding a collision, road signs, and the integrity of the markings are taken into account.
Comprehensive
Specialists who are members of the commission inspect the vehicle to obtain research results in various areas. During the examination, damage to the vehicle and the location of the participants in the accident are determined. To create a holistic picture of a road accident, the opinions of criminologists and medical workers are taken into account.
Why do you need an independent car valuation?
Vehicle valuation is an integral part of many legal processes. In addition, there are many life situations where you cannot do without an independent assessment of the car. And here are some of them:
- entry into inheritance rights;
- drawing up contracts relating to the vehicle;
- division of property upon divorce;
- to obtain a loan (if a car is used as collateral);
- for buying or selling a vehicle (this is especially necessary for used cars);
- rental of vehicles;
- car insurance, etc.
All these cases relate to private individuals. But besides them, an assessment of the market value of cars may be necessary for legal entities. For example:
- when it is necessary to change the amount of the company's fixed assets;
- in order to optimize taxation;
- if the vehicle is used as collateral when obtaining a bank loan;
- when selling a car;
- to resolve property disputes;
- to execute a court decision;
- when redistributing business shares between owners;
- for insurance;
- if the car is used as authorized capital or part of it.
Regardless of the situation, assessing the market value of a car can save you money, and this is important for every person or company. Especially an expert assessment of a car can help when buying a used car or a used car. Only after conducting a qualitative assessment of a used car can we say what the objective price of the car is at the time of assessment.
All these cases will not happen without an expert assessment of the value of vehicles. The assessment of the market value of a car must be carried out by qualified specialists in order for this very cost of the car to be the most reliable.
The procedure for conducting the examination
After an emergency occurs, the car owner must choose a company to inspect the damaged vehicle. Before the technical examination begins, the driver provides the necessary papers: an identity document, a registration certificate and a vehicle passport, a traffic accident report, and insurance. Stages of an independent assessment of a car after an accident:
- Recording mechanical damage on a photo or video camera.
- Drawing up a report describing the defects received and worn parts.
- Drawing up an estimate of the market price of broken parts, services for repair work.
- Issuance of a conclusion indicating the results of the examination.
It is important to know! The legislation does not determine the duration of the technical inspection of a car after an accident. The research time depends on the type of vehicle, the complexity of the work performed, and the expert’s workload. In the final conclusion, the specialist must provide information about the activities carried out, draw clear conclusions, and give answers to the questions posed by car owners.
Documents for a notary
Valuing a vehicle is a responsible process that requires a competent legal approach. To do this, specialists closely interact with the customer of the service, since he is required to provide the necessary documentation.
In order for the assessment to be carried out correctly, the person entering into the right of inheritance must provide the following documents: Death certificate of the owner of the vehicle (issued at the registry office) Confirming the right of ownership of the deceased person to the vehicle Documents on the basis of which the person enters into the right of inheritance of the vehicle (notarized will or confirmation of family ties) Document on registration of the former owner of the vehicle (issued by the housing and communal services or city council) Receipt for payment of the state duty for receiving an inheritance Conclusion of an appraisal company on the valuation of the vehicle.
Cost calculation
The price of technical specialists’ services varies depending on the region and the characteristics of the work performed. The cost of an independent examination of a car after an accident is influenced by the degree of mechanical damage, the conditions of the study, and the type of inspection. Payment is made under an agreement with the appraisal company.
What does the price depend on?
The legislation does not determine the specific cost of the services of independent experts to analyze the circumstances of emergency situations during which vehicles were damaged. The price of technical research is set individually for each client. The final amount depends on the complexity, time of work, and the degree of deformation of the car.
Urgency
If the driver requires immediate assessment, he has the right to pay additional money. The amount of the surcharge for an urgent examination is 10-15% of the total amount of the examination.
Complexity
Mechanical damage to a car requires time and resources from a specialist to conduct a thorough investigation and objective calculations. The more effort the expert spends on assessment activities, the higher the final amount for the work will be.
Damage level
The resulting damage affects the cost of the services of a technical expert. The specialist is obliged to study, evaluate, describe each damage, and record the defect on a photo or video camera from different angles. After the inspection, the amount required to repair the deformed parts is determined.
Calculation example
After contacting the company, drivers are interested in how much an independent examination of a car after an accident might cost. For minor damage, the price for the services of an appraisal company employee ranges from 2,500 rubles for a passenger car, 4,500 for an SUV, 5,000 for a truck, trailer, or bus.
The cost of examination for significant defects can reach more than 8,000 rubles. An example of calculating an automotive technical examination for a car with surface damage: 500 (expert visit) + 2500 (examination of the condition of deformed parts) + 3000 (detection of wear of parts, determination of the cost of restoration work) = 6000 rubles. An additional RUB 500 will be charged for delivery of results to the driver’s address.
The procedure for organizing an independent examination by the insurer
An independent examination is a study of damage caused to a vehicle during a traffic accident by experts who are not employees of the insurance company or do not have a contractual relationship with it.
The main purpose of conducting an independent examination is to determine the cost of restoration repairs.
Procedure for ordering an independent study
The procedure for appointing an independent examination is prescribed in the Federal Law “On Compulsory Motor Liability Insurance” dated April 25, 2002 No. 40-FZ.
On July 4, 2016, changes to the law on compulsory motor liability insurance came into force, which relate to the appointment of an independent study. Paragraph 11 of Article 12 provides that the insurance company organizes an independent examination only if there is a dispute with the injured driver about the size and nature of the damage received by the car. In all other cases, an independent examination is ordered by the participants in the car accident. Both parties to an accident - the victim and the culprit - will pursue different goals after the collision. The culprit of the accident strives for the smallest possible amount of compensation payments.
The injured car owner wants the maximum amount of insurance payments, because he is worried that he will not be able to restore the car to its original condition. The optimal solution would be to order an independent examination. The customer pays for the research.
The rules of compulsory motor liability insurance stipulate that an injured driver who plans to receive insurance payments is obliged to inform the insurer about the fact of an accident as soon as possible, appear at the time stipulated by law to write an application for payments and transfer the package of documents provided for by the Rules.
The insurance company is obliged to inspect the damaged car within 5 working days after writing the application for payment. The countdown begins after the submission of the last document required by law. If a dispute arises with the injured car owner about the amount of compensation, then no later than 5 working days from the date of the inspection, organize an independent examination.
Only if the insurer did not inspect the damaged car and did not organize an independent examination within 5 working days, the injured owner of the vehicle may not provide the car for inspection, but order an independent examination. Insurance company employees calculate the amount of compensation based on the results of this examination.
Deadlines for contacting the insurer
The Law on Compulsory Motor Liability Insurance and the Rules of Compulsory Motor Liability Insurance stipulate that when registering a car accident with the involvement of traffic police officers, the injured car owner must submit documents and write an application for insurance payments no later than 15 working days from the date of the accident.
In case of simultaneous compliance with all the conditions of the European Protocol, the car accident is registered by the drivers independently without traffic police inspectors. Such conditions include: only two participants in the collision, only the property of the participants in the accident was damaged, material damage does not exceed 50 thousand rubles, there is no disagreement about who is at fault, what kind of damage, etc.
When drawing up the Europrotocol, which is an accident notification form, which is divided into two parts after filling out, the norm of direct compensation for damage is applied. Each participant in the accident is obliged to visit his insurance company within 5 working days and write a claim for payments, to which should attach a package of documents and photographs from the scene of the accident.
Package of documents for the insurer
The MTPL Law and the MTPL Rules clearly define the package of documents that must be attached to the application for insurance payments.
In particular:
- certificate of an accident, which is filled out by a traffic police officer according to form No. 154;
- notification of an accident;
- OSAGO policy;
- passport of a citizen of the Russian Federation;
- driver's license;
- vehicle registration certificate;
- vehicle registration certificate;
- details of the bank account registered in the name of the applicant, to which the insurer must transfer insurance payments.
The package of documents is the same for a car accident registered with the participation of traffic police officers and according to the Europrotocol procedure. Only, when registering the European Protocol, there will be no certificate of an accident. After all, it is compiled only by a traffic police inspector who was called to the scene of the incident.
In addition to these documents, one of the procedural documents is attached, which is drawn up by the traffic police inspector, only in cases provided for by law.
Diploma of expert technician.
These include:
- protocol on an administrative offense (when there was a violation of traffic rules);
- decisions in a case of an administrative offense;
- determinations to refuse to initiate proceedings regarding an administrative offense.
Before giving the documents to the insurer, the car owner must make three copies of each document or scan them in color. This is done for the reason that the documents will be needed to order an independent examination, file a pre-trial claim, as well as a statement of claim in court.
Documents should be transferred only according to the register, which is signed by the driver and an employee of the insurance company. This is done to ensure that documents are not lost and that the damaged vehicle is inspected on time. When transferring documents, it would be a good idea to inadvertently inform that you have copies of all documents - this is an additional guarantee that the documents will not be accidentally lost.
How to prepare a register of transferred documents
Diploma of professional retraining.
A car enthusiast can independently prepare a register of transferred documents in two copies. It can be typed on a computer or written in legible handwriting. In the first line we title the document: “Register”. Next, indicate the full name of the insurance company and briefly describe the insured event.
For example: “documents submitted to the insurance in the case of an accident that occurred on January 16, 2021 on the street. A. Chekhov in the area of house No. 18 with the participation of GAZ cars - 31105, no. xxxxxx (OSAGO EEE insurance policy No. 000000 - the victim) and a Nissan Sunny, no. xxxxxxx (OSAGO EEE insurance policy No. 000000 - the culprit of the accident).”
After this, there is a list of documents to be transferred. If this is a copy of a document, then after its name “photocopy” is written in parentheses. Under the last line of the list the word “Total” is written and the number of copies is indicated in number and in words. Next come the lines: the document was transmitted and the document was received.
In the line “The document was handed over,” the driver fully indicates his last name, first name, patronymic, and also signs and dates. In the line “Document accepted”, the insurance company employee indicates his position, last name, first name, patronymic, date and stamps. One copy of the register along with the documents remains with the insurer, and the other with the car owner.
Rules for choosing an expert company
To obtain an objective assessment, it is important to conclude an agreement with an accredited organization that has documents to carry out professional activities. When choosing a company, you should take into account work experience, the number of full-time employees, the percentage of successfully completed examinations, and the type of software used for technical inspection of vehicles. The appraiser should not be on the list of the insurer for compulsory motor liability insurance. Cooperation with an intermediary company may lead to an underestimation of the price of necessary repairs.
Receiving monetary compensation from an insurance company is not carried out without a professional assessment of the mechanical damage to the car after an accident. Drivers have the right to seek the services of independent experts to make an objective decision. The cost of the work depends on the complexity of the technical study and the nature of the defects. If unsatisfactory results are obtained, the conclusion is subject to challenge and a re-examination.
Professional assessment from
A professional expert will never offer you to indicate an overestimated or underestimated value of the vehicle, and will never agree to such a proposal from the client, since this, firstly, is unethical, and secondly, it is punishable. The consequences of falsifying the value in the act can be sad both for the expert and his employer, and for the customer. Professionals with extensive experience will also never delay the completion of work and the issuance of documentation to the customer.
If you need a quick and professional car valuation for a notary, please contact us. We have extensive experience in this field, a staff of professional experts, and the prices for our services will not disappoint you.
What is the difference between independent examination of OSAGO and CASCO insurance?
Every owner knows about the existence of two types of car insurance - mandatory and voluntary. Controversial situations in the event of an insured event may arise for owners of OSAGO and CASCO policies. It is noteworthy that the procedure for conducting third-party research for these insurances differs significantly. How? The answer to this question will be given by the pivot table:
| OSAGO | CASCO | |
| Car wear and tear taken into account | up to 50% | up to 30% |
| Method for calculating the cost of spare parts and mechanic services | XRD technique | if the car is under warranty, the data is taken from the dealer; in other cases, average market data is used |
| research deadline | up to 5 days | up to 2 weeks (depending on the complexity of the situation) |
| procedure for contacting independent specialists | after an initial assessment commissioned by the insurer | Anytime |
The main difference between voluntary insurance and mandatory insurance is that in the first case, only the party injured in the accident can count on compensation for damage, and in the second, any participant.
Reasons for contacting an independent expert
Before moving on to our main topic, let's figure out when a car owner may need the help of a third-party appraiser. The reasons for ordering an independent examination may be different. Let's name the most common reasons:
- Conclusion of a CASCO agreement. The price of a voluntary insurance policy directly depends on the technical condition of the car. The initial assessment is carried out by experts collaborating with the insurance company. If the car owner considers the assessment to be biased, he can contact an independent specialist. This decision is usually made by owners of expensive cars who want to receive the maximum payment when an insured event occurs.
- In case of disagreement with the results of the examination conducted by the insurer after the accident. An incorrect assessment will reduce the amount of insurance payment. To prevent this, you have to turn to outside specialists.
- Poorly performed repairs to a car damaged in a traffic accident. In this case, the owner of the car has the right to make claims to the insurer. The opinion of an independent expert is used as evidence.
You can order an independent study for other reasons. Typically, the services of outside specialists are used in the following cases:
- it is impossible to identify the culprit of the accident;
- there are suspicions that during the initial inspection of the car after the accident, not all damage was identified;
- the car owner has a conflict with the insurance company;
- there was a complete loss of the car;
- you need to find out the real size of the CB.
Questions to the independent expert must be clearly formulated, since the answers to them will be given in the official report.
The procedure for conducting an automotive technical examination
After choosing a reputable expert organization, it is imperative to notify the other party about the time and place of the upcoming examination and conduct a new study in strict accordance with the law.
Before conducting your own examination, you should point out any inaccuracies or errors in the examination that has already been carried out.
What needs to be clarified before conducting a new examination?
- whether the expert who conducted the research is competent;
- have all the questions posed to the expert been resolved?
- are there any inaccuracies or contradictions in the presentation of conclusions;
- are there any contradictions in the descriptive and operative parts of the conclusion;
- whether the sources were used correctly to determine the nature of the damage, as well as the cost of restoration;
- and other questions.
For the upcoming examination, it is necessary to draw up a list of questions that the expert should answer.
Requirements for independent experts
An official assessment of the damage to a vehicle damaged in a collision cannot be carried out by a simple mechanic. The conclusion of any, even an elite service station, will not be accepted as evidence, since it has no legal force. The assessment should be carried out by a specialist who has:
- higher specialized education in the specialty “Assessment for accident investigation”;
- certificate;
- certification.
The specialist must be a member of the SRO, and his data must be entered into the register of the Ministry of Justice of Russia. He is obliged to comply with current legislation, use methods and other requirements for conducting the assessment procedure.
Today there are quite a lot of people involved in valuation activities. To make the right choice, auto lawyers recommend paying attention to the availability of recommendations and reviews, experience in the market and rating among competitors.
Car damage assessment
After concluding the contract, the date, place and time of the examination of the vehicle are agreed upon. Next, telegrams are drawn up and sent notifying the upcoming procedure to the culprit of the accident and the insurance company. Here you need to pay attention to the timing. They are sent:
- 3 working days in advance if the addressee is in the same region;
- 5 working days in advance if the recipient is located in another region.
The text of the telegram is simple. It is a written notification of the examination and an invitation to attend it.
The examination begins with an external inspection of the car. The specialist examines the object, identifies noticeable damage, photographs them, as well as the VIN code, body number, and speedometer. There are special instructions on exactly how to take photographs of a vehicle. The research results are included in photo tables, acts and other documents. To identify defects, special equipment, software and mechanisms are used.
Based on the results obtained, the appraiser makes calculations, determines suitable methods for assessing the losses caused and obtaining answers to the questions posed. Next, a vehicle inspection report is drawn up. If the customer has any comments, he may not sign the document until the inaccuracies are completely corrected.
Finally, guided by the Regulations of the Central Bank of Russia No. 433-P, a report (conclusion) is drawn up. Calculating the cost of defects resulting from an accident takes from 3 to 8 days.
The report is transmitted to the customer and the insurance company.
