Independent examination of a car after an accident

Carrying out a damage assessment in case of an accident: why is it necessary?

As judicial practice shows, insurance companies are increasingly underestimating or even refusing to pay insurance compensation. The first stage in the fight against an unscrupulous insurance company is to conduct an independent assessment of the car after an accident. It is necessary in order to establish the average market cost of restoration of a damaged vehicle.

The assessment of damage after an accident is carried out by the insurer himself, but, as a rule, these experts do not have the appropriate education required by the legislation of the Russian Federation, therefore, the insurance assessment of a car after an accident is not adequate evidence of calculating damage after an accident. The law does not provide for the mandatory provision of a vehicle for inspection after an accident to the insurer; it is enough to notify the insurer by telegram about:

• place;
• date;
• time of vehicle assessment.

But in this case, most likely, the insurer will not miss its chance and will wrongfully refuse to pay the insurance compensation due to failure to provide the car for inspection after the accident.

How to receive the money?

Most of our clients are individuals who have faced unlawful actions on the part of insurers, auto repair shops, or the other party involved in the accident. Our experts strive not only to conduct an adequate auto examination of damage after an accident, but to assist the customer as much as possible in achieving his goals:

• determining the real cost of damage in order to draw up an appeal to the insurance company or a statement of claim in court;
• receiving payment in full;
• identifying the true culprit of the accident;
• filing a claim against the workshop for poor quality repairs;
• identification and compensation of technical equipment;
• reducing the established amount of damage (if you are the culprit of the accident);
• determining the market price of the car.

Based on the results of an independent examination of the car after an accident, acts and conclusions are drawn up, accepted by courts of all instances as the evidence base for your position. The judge makes a decision based on expert opinion, so it is extremely important to prepare documents on time. To increase your chances of success, sign up for a qualified consultation with our lawyers or order full legal support and turnkey representation in court.

How to assess damage after an accident?

Now there are a huge number of people on the market who evaluate cars after an accident, so when choosing an independent appraiser for an accident, you will encounter many pitfalls along the way.

Before you start looking for a car accident appraiser, you need to understand the difference between an expert and an appraiser. Everything is quite simple here. Appraisers determine the market value of the property being appraised, and experts answer questions such as:

• presence and nature of technical damage to the vehicle;
• causes of technical damage to the vehicle;
• technology, scope and cost of vehicle repairs.

Therefore, it is best to choose an appraiser who should have the status of both an expert and an appraiser.

When and why is damage assessment required after an accident?

The purpose of assessing damages is to determine the amount that a victim of an accident can receive. Based on the characteristics of a particular accident, you can claim compensation in the following areas:

• actual damage to the car caused by a collision during an accident;
• loss of commodity value, i.e. reduction in market price due to replacement of parts or repairs;
• expenses incurred by the car owner for repair and restoration work (if the repair was made before applying for insurance or filing a claim against the culprit).

The obligation to fully compensate for damage follows directly from the provisions of the Civil Code of the Russian Federation. To protect the interests of road accident participants, the MTPL program is in place in Russia. It provides for the payment of compensation for the at-fault driver, but the amount of compensation is strictly limited.

To submit claims for damages, you need to calculate them correctly and accurately. To do this, you need to comply with traffic rules and Law No. 40-FZ “On Compulsory Motor Liability Insurance” already at the initial stage of document preparation, i.e. at the scene of the accident. Drivers must:

• fill out a notification of an accident yourself (according to the European Protocol), or with the involvement of a traffic police inspector;
• notify your insurer about the accident, submit a notice and present the car for inspection;
• obtain evidence of costs incurred for repairs, if permitted, before contacting the insurer.

Note!
When filling out the notice, you must indicate all visible damage to the car if it is related to the accident.
Hidden defects cannot be identified in this way, so the law obliges those involved in an accident to present the car for inspection to the insurance company. Each insurer has an agreement with auto experts and appraisers who conduct inspections, draw up conclusions and reports. Since insurance companies pay the victim with their own money, they have a direct interest in reducing the extent of damage. Therefore, damage assessment through insurer specialists is often biased. To protect the interests of the victim, the law allows for independent examinations and challenging the assessment results. You can find out more about all options for asserting your rights after an accident during a consultation with our lawyers.

Peculiarities of examination under compulsory motor liability insurance

Carrying out an assessment after an accident for insured events under compulsory motor liability insurance has a number of its own characteristics. According to the Federal Law “On Compulsory Motor Liability Insurance”, ONLY an expert technician is involved to conduct an independent technical examination. In accordance with the Federal Law on OSAGO and the Decree of the Government of the Russian Federation dated April 24, 2003. No. 238 “On the organization of independent technical examination of a vehicle”, an expert technician is recognized as an individual who has undergone professional retraining in independent technical examination, professional certification for compliance with established requirements for expert technicians and certification, with positive results, entered into the state register of expert technicians .

Also, when assessing a car after an accident under compulsory motor liability insurance claims, you should remember that, in accordance with Art. 12, clause 19 of the Federal Law “On Compulsory Motor Liability Insurance”, the assessment of damage to a vehicle for spare parts is determined taking into account the wear and tear of components (parts, assemblies and assemblies).

What is an auto technical examination of an accident?

A comprehensive study of damaged vehicles is carried out to identify the factors that led to the accident. A technical inspection allows you to determine the degree of guilt of each participant in the incident, collect data to compile statistics on the occurrence of road accidents after studying the location of the collision and the extent of mechanical defects of the cars.

In what cases is it carried out?

Automotive technical research is carried out to establish the circumstances of the accident during the trial. A petition to appoint an expert examination in a civil case of an accident can be filed at any stage of the investigation. If you disagree with the decision, the car owner has the right to contact independent experts. The inspection may be initiated by insurance companies to determine the amount of material damage to the victim for repair work of the damaged vehicle.

Administrative investigation

Car owners have the right to independently resolve a conflict in the event of an accident. If it is impossible to reach an agreement at the scene of the incident, drivers are required to call the traffic police.

Advice! To determine the culprit of the incident and the extent of mechanical defects, participants in an accident that resulted in damage to property should contact specialists to conduct an automotive technical examination.

Insurers or employees of an independent organization conduct research to determine points of violated traffic rules, the actions of car owners before the moment of collision while driving a car.

Trial

Consideration of the case at a higher authority is carried out in the event of serious damage to movable property, the presence of victims with severe injuries or death. An examination is appointed at the request of the investigator at any stage of the proceedings. Participants in a road accident have the right to file a petition with the court of first instance to establish the guilty party of the road accident.

Who conducts

Automotive technical research can be carried out by an expert company or a private specialist from an independent assessment organization. To conduct an inspection of a damaged vehicle, the technician must have documents confirming appropriate education and professional training. The data of an expert who has passed certification must be entered into the state register. Information about technicians who have a certificate to carry out work to investigate the circumstances of a traffic accident is publicly available on the official website of the Ministry of Justice.

Innovations you need to know about

From December 1, 2014, in accordance with Art. 12.1 of the Federal Law “On Compulsory Motor Liability Insurance”, the assessment of damage in case of an accident is carried out in accordance with a unified methodology for determining the amount of costs for restoration repairs in relation to a damaged vehicle, approved by the Bank of Russia. This means that when compiling an independent assessment after an accident, an expert technician is required to use this methodology.

Assessing a vehicle after an accident is not just a formal action. The success of the entire legal process largely depends on the correct assessment of damage. The assessment of damage from an accident must not only be carried out by a competent and qualified expert, but must also be carried out extremely carefully. An independent assessment of an accident primarily includes an inspection of the wrecked vehicle. All damage must be described in detail and outlined in the inspection report, which is drawn up by the expert.

The assessment of cars after an accident also includes an examination by an expert of hidden damage that is not indicated by the inspector in the traffic police certificate. Hidden damage is best recorded immediately along with obvious damage. The rules for assessing damage in an accident require that an expert must record only those hidden damages that relate to the accident and correlate with external damage.

Independent examination

To receive fair compensation:

1. Ask your insurer for an independent assessment of the damage.
2. Receive a referral for an expert examination.
3. Visit him on the appointed day and time.
4. Get the report.

If you do not agree with the amount of compensation, then:

1. Find an appraisal company that is licensed to perform post-accident vehicle inspections.
2. Make a contract with her.
3. Notify your insurer about this.
4. Do your research and get a report.
5. File a claim and attach a new report to it.

If the insurer's decision is positive, you will receive not only a payment in accordance with the results of the report, but also reimbursement of expenses for the expert .

Documentation

To re-assess the damage you will need:

• passport;
• documents for the car (PTS, STS);
• referral for examination from the insurance company;
• documentation of the incident (certificate of road accident and others);
• other documents required by the expert.

The appraiser must be a member of the SRO and confirm that he has a license for appraisal activities. You can check this information using the link.