What is an independent examination of a car after an accident?

One of the most effective ways to recover compensation for damage caused to a car as a result of an accident is to go to court. However, the trial may last more than one month, and the car needs to be repaired today. Therefore, if you are not satisfied with the results of the examination, you have the opportunity to challenge them by conducting your own examination.

ATTENTION : our lawyer for road accidents and civil disputes will challenge the examination of road accidents in pre-trial proceedings or in court: professionally, on favorable terms and on time. Call today!

How to choose an expert organization to determine the damage of an accident?

Choosing an expert company is a very important step. From the variety and number of companies providing services in the examination market, it is not easy to choose the one that can offer qualified assistance.

In addition, you need to be extremely careful when choosing an appraisal organization, since here too there are unscrupulous specialists and scammers. So, for example, in practice there was a case with one of the appraisers - “A”, who carried out an assessment for a well-known insurance company, and was allegedly called an independent expert organization. According to the documents, this is indeed the case. But in fact, “A” only made an assessment for the insurance company of this insurer and was created by the above insurance company.

When determining damage, the cost of standard hours of work, the cost of spare parts and consumables for repairs and painting were significantly underestimated. The spare parts indicated in the calculation did not have part catalog numbers - this is when calculating the cost of repairing foreign-made cars. The report itself did not contain links to sources of information on prices for spare parts. All this led to a significant underestimation of the cost of restoration repairs by up to 20 percent of the actual amount of damage.

The most guaranteed way to find a reputable appraiser (expert) is to survey your friends and acquaintances; perhaps some of them have already contacted an independent expert in road accidents and were satisfied with the result. If not, then call several independent experts, ask about prices for expert services, deadlines for completing the work, and choose the independent expert that suits you best.

Also ask: what specialists work in the expert company - do they have sufficient knowledge and experience to evaluate your specific car, what sources and computer programs will be used during the evaluation. If something worries you, do not hesitate to discuss it when concluding an agreement with an expert organization.

The choice of an independent examination is a decisive factor when collecting insurance payments from an insurance company; this step should be taken seriously.

Why do you need an independent examination of a car after an accident?

The need to invite an independent auto expert after an accident may be due to the following reasons:

to estimate the amount of restoration of the car - this situation occurs most often. Since the legislation regulating car insurance issues provides for compensation to the victim for damage in an accident, independent experts can be involved by the said person if he disagrees with the amount of compensation of the insurer. In another case - the culprit of the incident, if he has claims (when the amount of damage exceeds insurance payments);
In order to establish the cause of the accident, if there are discrepancies in the testimonies of its participants, a traceological study may be carried out. With its help, you can reliably establish where the cars were, as well as the trajectory and nature of their movement before the collision, whether changes were made to the location of the cars after the accident, and it will also be possible to identify the driver responsible for the incident;
in some situations it is necessary to establish the availability of technical capabilities to prevent an accident. A possible example: there was a collision with a pedestrian, and the driver needs to prove that the incident occurred due to a malfunction of the car made by the manufacturer, poor-quality repairs or service at a service point, or the presence of defective spare parts. This type of examination is carried out less frequently than the two mentioned above.

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.

How to order an examination or challenge an existing one in court?

After conducting your own independent examination, you need to draw up a claim, based on the data of both examinations conducted, in which you must clearly and in detail indicate the inaccuracy, error of the procedure or the results of the initial examination. Provide a new conclusion drawn up in full compliance with the legislation of the Russian Federation.

An alternative option for conducting a new examination is for a specialist expert to write a review of an already completed automotive technical examination, pointing out errors and inconsistencies in the study. The review can also serve as evidence of damage caused, either when applying for a pre-trial settlement or already in court proceedings.

In case of refusal to accept the review or the results of a newly conducted examination, carried out in accordance with all the necessary rules, you can prepare a statement of claim in court.

After the application is accepted by the court and a court hearing is scheduled, the results of both examinations will be presented to the court for consideration. Based on these documents, the court may accept one of the options or order a re-examination.

As a rule, you will need to apply for a repeat or additional examination yourself, setting out compelling arguments for its conduct. The petition must be made in writing, substantiated, argued and attached to the case materials.

Our lawyer will help you do everything correctly and professionally!!! And in order for an examination to be ordered at all, it is important to file a petition, then we present only a few of the possible ones that will be useful to you:

Sample application for appointment of an appraisal examination of a car

To the Kirovsky District Court of Yekaterinburg

Plaintiff:

Defendant 1: Sh.

Defendant 2: OJSC "MSK Insurance Group" Ekaterinburg branch

Petition

about the assessment examination of car damage after an accident

At 00 o'clock. 02 min. in the area of house No. 60 on the street. Sverlov in the Zheleznodorozhny administrative district of Yekaterinburg, a traffic accident occurred involving an Opel Vectra car, driven by Z. and a Toyota Auris car, driven by Sh. As a result of the above road traffic accident, an Opel Vectra car ", significant mechanical damage was caused. The car was towed from the scene of the incident; the cost of the towing service was 2,400 rubles, which is confirmed by sales receipts.

The cost of restoration of an Opel Vectra car, state registration number A 360 UT96, according to the repair calculation presented in the assessment report, is 723,381 rubles. OO cop. taking into account the deduction for wear and tear of parts and the benefits from spare parts is 613,590 rubles. 00 kop.

According to Art. 79 of the Code of Civil Procedure of the Russian Federation: “if issues arise during the consideration of a case that require special knowledge in various fields of science, technology, art, craft, the court appoints an examination. The examination may be entrusted to a forensic institution, a specific expert or several experts.”

I consider it necessary to appoint a forensic auto-merchandising examination since the case materials contain conclusions about the cost of restoration repairs, which do not even correspond to the market value of the damaged car.

According to the advertisements submitted to the court and posted on the Internet, the cost of the 2007 Opel Vectra car for sale today is:

ad address on the Internet - 470,000 rubles
ad address on the Internet: - 475,000 rubles
ad address on the Internet: - 480,000 rubles

Based on the fact that the market value of the plaintiff’s damaged car today is lower than the cost of restorative repairs of the car, there is every reason to believe that there was a constructive loss of the Opel Vectra car no. A 360 UT 96.

In the emerging practice of making insurance payments in the event of a complete constructive loss of a vehicle, the insurer reduces the amount of the insurance payment by the amount of the value of the usable remains.

Moreover, the need for an examination is also due to the fact that the damage indicated in the accident certificate caused to the Opel Vectra car does not correspond to the damage that the expert appraiser establishes in the appraisal report, i.e. more than six months after the accident.

Thus, the appraiser indicates that the right and front left wheel rims are broken, while in the accident certificate there is no information about damage to the rims, and damage to the wheels is indicated as soon as the left front wheel, and even then, by adding, no damage there are no entries for the right wheel.

Failure to satisfy my request prevents the adoption of a lawful court decision based on a comprehensive and complete study of the evidence and the factual circumstances of the case.

Based on the aforesaid and guided by Article. 86, 87 Code of Civil Procedure of the Russian Federation:

ASK:

I request that a comprehensive forensic auto-merchandising assessment examination be ordered in the case, to resolve which it is necessary to raise questions about:

what is the cost of restoration of an Opel Vectra car, based on the amount of certain damage received as a result of an accident
what is the market value of the Opel Vectra car at the time of the damage, i.e. at the time of the accident on November 7, 2010.
whether there was a constructive loss of the Opel Vectra car as a result of an accident

The conduct of the examination is entrusted to the State Institution of the Ministry of Justice of Russia "Ural Regional Center for Forensic Expertise", located at the address: Ekaterinburg, st. Bazhova, 72.

Date, signature

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In what cases and who prescribes a forensic medical examination after an accident?

Forensic medical examination is often prescribed in case of road traffic accidents. Specialists conducting such a procedure must have sufficient qualifications and solid experience to carry out a set of measures aimed at clarifying the true circumstances.

The expert’s task is to establish the following data:

recording the exact time of the accident;
examination of the damage caused and a documentary description of them;
restoring the speed at which the car was moving.

Many other tests are also carried out to establish the necessary data. The medical examination is carried out with the aim of restoring all the circumstances that either accompanied or preceded the accident, as a result of which injuries incompatible with life were inflicted.

Of course, medical experts cannot reconstruct the entire picture; they only document the collected data and transfer it to the investigative team to clarify the further picture.

Based on the results of the examination, the specialist issues an appropriate conclusion.

But it is worth remembering that an expert opinion is not a dogma - all medical research is a piece of the whole picture.

Sample application for appointment of a trace examination for an accident

To the Judicial Collegium for Civil Cases

Sverdlovsk Regional Court

Plaintiff:

TO.

Respondent:

Petition

on the appointment of transport and traceological examination

The Sverdlovsk Regional Court is processing a civil case regarding K.'s claim against K. for damages. Among the damages added by the appraiser in the report of the appraisal company that were not detected after the accident, at the time of filling out the certificate of the accident with the traffic police, the following items can be included:

No. 12 Inspection report: fog lights;
No. 15 Inspection report: glass of the right doors and many others related to the roof trim, seat trim, instrument panel.

The plaintiff did not have these damages after the accident because they were not discovered by either the defendant or the traffic police inspectors of the State Traffic Safety Inspectorate for the Moscow Region of Yekaterinburg. The car received this damage in another accident later. There is no point in talking about the inattention of traffic police traffic police officers in the Yekaterinburg municipality, since they are able to identify these damages without special instruments and knowledge in the field of technology, they know how to indicate them in certificates of road accidents - confirmation of which is the fact that these types of damage the defendant's car, all of which were found and listed correctly in the same accident report.

Since there are obvious discrepancies in the damage between those recorded in the accident certificate and the specialist’s report, a traceological examination is simply necessary in the case. When conducting an examination, answers can be given whether they are interconnected by a single time and a single cause-and-effect mechanism of formation, an analysis of the possible spatial-trace interaction of objects at the scene of the accident will give results and conclusions that the circumstances of the accident stated by the plaintiff in the situation under study are most likely not correspond to reality and in this case there may be substitution and distortion of the circumstances, place, time and mechanism of formation of the declared damage.

Based on the above, we ask you to schedule a forensic examination. For the permission of the experts, pose the following questions:

Which of the current vehicle damages could have been caused by a collision with a Toyota Auris in an accident?

I guarantee payment for the forensic examination in full.

Date, signature

Features of conducting an independent examination of compulsory motor liability insurance

An independent examination after an accident under compulsory motor liability insurance has its own characteristics:

The insurance company is obliged to conduct an inspection and examination of a car damaged in any way as a result of an accident within five days. And the client does not have the right to refuse this, otherwise payment will not be made. Under compulsory motor liability insurance, there is a choice: to carry out an inspection or opt for an independent examination. The difference: the inspection is carried out by an employee of the company, and the examination is carried out by a third-party company. It is necessary to very carefully and meticulously read all the proposed papers and not sign if it is suddenly indicated that upon signing the client automatically agrees with the results of the inspection and refuses an independent examination. The client will be blackmailed that payment will not be made, but this is not the case, since by law he has the right to demand an independent expert assessment regarding damage to property. According to paragraph 45 of the OSAGO rules, if the client does not agree with the results of the inspection, the insurer will organize an examination at its own expense.
An independent examination is carried out by a company with which OSAGO has entered into a cooperation agreement.
You shouldn't count on honesty. However, the amount will not be underestimated as much as with a simple inspection. Important! This point can be bypassed, as there is a small loophole in the law. If the independent examination was not carried out within five days from the date of acceptance of the documents, then the client has the right to contact absolutely any assessment company. And before sending it for examination, it is advisable to stop by a service station to independently assess the internal damage to the car. Since the MTPL appraiser may simply “not notice” them. But you cannot repair the car in any way.
Depreciation under compulsory motor liability insurance plays a significant role in assessing damage. The older the car, the lower the payment amount will be.
If the client is not satisfied with the results of the examination, he has the right to conduct his own independent examination. It is advisable to notify the insurer and the culprit of the accident when and where it will take place. After this, a statement of claim is written, and in court it will be clarified whose assessment is more correct.

Important! After this examination, you need to hire a lawyer who can assist in preparing a claim in court. If the client wins the case, then the costs and assessment will have to be paid by the defendant.