Independent examination after an accident under compulsory motor insurance: what is it, is it worth doing, the right to conduct

A traffic accident is an extremely unpleasant and very costly incident. After it, at least repair of the damaged vehicle is always required. And very often the insurance company seeks to underestimate the damage to the car in order to pay the victim less money. You can protect yourself from such arbitrariness. To do this, an independent examination of the car after an accident will be required.

What is an independent examination after an accident?

When an accident occurs, the driver first dials two numbers - these are the telephone numbers of the traffic police and his insurance company. The following actions take place right there on the spot:

Determination of the culprit of the accident. This is necessary, since it is his insurer who will calculate the damage caused and issue the amount. Sometimes drivers insist on conducting a trace examination, since no one considers themselves to be in the wrong.
Description of damage received by the vehicle. This is what the insurance agent does.
An accident notification is issued.

If the damage cannot be assessed on site, the car will be sent to a service station owned by the insurance company. There, the damaged car is carefully examined for damage and the insurance company issues a final verdict on the cost of repairs.

Automotive technical examination in case of road accidents. Is it possible to challenge an auto technical examination? Read here.

Find out more about automotive technical expertise at the following link:

So what is it? This is an examination of the car, which is carried out by a disinterested person - that is, not a representative of either the insurance company or the victim.

Important! The expert should not be subject to any pressure from one side or another. Therefore, it is advisable not to settle for the companies provided by insurers, but to search on your own.

Similar damage assessments are carried out by special companies that are not related to the insurance company. The bureau for assessing the condition of the car after an accident must be chosen very carefully; attention should be paid to the following criteria:

experience;
availability of bureau liability insurance;
entry of the bureau or its employees into the SRO of appraisers.

Why is an independent examination needed?

An independent examination after an accident (car examination) has the goal of setting a real price for repairing the damaged car, not underestimated by the company to reduce its costs and not inflated by the victim to increase its profits. Since underestimating the cost of insurance damage is a common practice, there is an urgent need for outside specialists.

Another problem is when to do an independent examination after an accident? You need to know that it is carried out either immediately after the accident, if the victim wants it, or after the insurers have rendered a verdict, if the price they set seems too low. An assessment of damage by a third-party company will force the insurance company to pay the amount in full either voluntarily or in court.

Carrying out this examination can protect the victim from unnecessary financial expenses. But this will take time. Most often, the victim waits five days until the insurer makes a decision, and only then contacts the appraisal company. The timing of an independent examination after an accident already varies depending on the degree of damage to the vehicle. But on average this period is two to three days. And only after this the driver will be able to receive the actual price for the repair, which he will transfer to the insurance company. There, the verdict of an independent appraiser will be considered for a maximum of ten days.

What it is?

Judicial practice has confirmed the underestimation of compensation payments by insurance companies (hereinafter referred to as IC).
An independent expert opinion will help you avoid deceiving yourself and advise the judicial authorities regarding the amount of damage incurred.

The average market price is also determined by the insurer. Company employees do not always have sufficient qualifications and appropriate experience. The conclusion from the company that issued the insurance policy and is obliged to compensate for the damage incurred by the accident cannot be accepted as unconditional evidence of the amount of compensation payments.

Important! There are no legal provisions requiring a wrecked car to be submitted for inspection for an insurance assessment. But it is necessary to notify (the exact time and place) of the independent assessment being carried out within the framework of business communication.

An expert opinion should be obtained for a positive court decision. Judges and insurers trust the competence and qualifications of technicians who calculate the amounts required for restorative repairs after an accident.

Types of independent examinations

Often, when a car is damaged, you cannot limit yourself to just estimating the cost of repairing the car. It may be necessary to carry out additional checks. An independent examination of damage after an accident can also be:

Traceological - analysis of the accident site. Tire tracks are inspected, vehicle trajectories are analyzed and the traffic situation is assessed. This study will establish why the accident occurred and who is to blame.
Automotive - research of the condition of cars. It also studies how the driver acted during the accident, how the car behaved on the road before the collision. Helps determine who caused the accident.
Automotive merchandising - examines the condition of vehicles after a collision. Detects all defects, both internal and external. Estimates the amount of damage received and the cost required for repairs. Essentially, an independent examination of a vehicle after an accident.
Comprehensive - all the above checks together. This is necessary in order to most fully assess what happened on the road and reconstruct all the events.

When the culprit of the accident and the representative of the Investigative Committee are invited

Invitations must be sent out in the following cases:

If the insurer's experts did not inspect the damaged vehicle. If you intend to conduct an examination directly in an independent company, the victim is obliged to invite the culprit of the collision and an employee of the Investigative Committee to attend it. Notification is sent in writing at least 5 days before the procedure.
If this case is decided by an arbitration court and the parties to the conflict are legal entities. Notification is sent by telegram in advance.
If the inspection by an expert is repeated due to an underestimation of the amount of compensation under compulsory motor liability insurance. The presence of the insurer during the inspection is mandatory.

Carrying out an independent examination after an accident

An independent examination of a car after an accident can be ordered by the injured person at any time, as soon as he wants it. You can entrust the assessment of damage to insurance companies, but most likely in this case the price will be underestimated. And you still have to contact appraisal firms.

If the driver values his time and his own nerves, then the best solution would be to order an assessment immediately after the accident, so that if necessary, he has all the papers on hand immediately, and not wait some more time. You can call an appraiser immediately to the scene and ask him to describe the defects at the same time as the insurance agent. That is why it is better to study existing companies in advance, choose the one that inspires the most trust and write down its number so that in an emergency you will be fully armed.

How is a car damage assessed by an independent expert:

The scene of the incident is being carefully examined. The condition of the car and the scene of the accident are recorded in photos or videos. In this case, the vehicle’s VIN code or registration number must be visible in photographs and filming.
After this, the technical condition of the car after the incident is assessed. Based on the results of the assessment, a report is drawn up, to the conclusion of which a photo report is attached. The resulting damage will be assessed within approximately three days. The report must reflect all damage received along with the potential costs of their restoration.
A final report is prepared. It must reflect: - the purpose of the inspection; - the amount that will have to be spent on restoring the car; — a list of norms and acts that were used by appraisers when checking the condition of the car and calculating damage; - the criteria by which the decision on damage to the vehicle was made and their justification, justification for the amount; — the cost of the appraiser’s work and materials.

The received document is transferred to the insurance agent of the company, which will have to pay insurance compensation to the victim. The agent must either agree and sign the act, or seek to challenge the expert’s opinion in court, indicating the arguments why a re-examination is needed.

How to challenge the conclusion of a forensic medical examination?

Read how to file a claim for compensation of insurance payments here.

Find out about the accident scene inspection protocol at the following link:

Average cost for the services of an assessment expert:

on-site visit - up to a thousand rubles;
accident inspection report, including photography – one thousand rubles;
calculation of damage received - up to eight thousand rubles;
sending the completed act to the client’s home – 500 rubles;
preparing a claim – up to three thousand rubles;
a trip with a client to an insurance company and assistance during negotiations - from 2,000 to 3,000 thousand rubles.

A separate service called “full case support” is highlighted. It includes everything related to this accident - from drawing up an inspection report to preparing a claim in court. It costs around twenty thousand rubles for an individual and thirty thousand for a legal entity.

Legal vehicle inspection

Since 07/04/2016, changes have been made to the Federal Law “On Compulsory Motor Liability Insurance” dated 04/25/2002 No. 40-FZ regarding the provision of the injured driver’s car for inspection by the insurer.
Before these changes were made, in most cases, after an accident, a motorist immediately turned to an independent expert to calculate the amount of compensation for damage. Clause 11 of Article 12 of the law on compulsory motor liability insurance provides that a driver injured in a car accident cannot conduct an independent examination of the car before submitting it to the insurance company for inspection.

If this norm is violated and the motorist does not present the damaged car or what is left of it to the insurer for inspection, then:

The insurance company has the right to return an application for insurance payment without consideration. In this case, the injured driver has the right to re-apply, but the vehicle will still have to be presented for inspection.
The insurer is not obliged to accept the results of an independent examination to determine the amount of material damage caused if the car owner has evaded his obligation to present the car for inspection.

These rules apply in the case where an inspection date was agreed upon, but the injured driver ignored the inspection procedure and did not provide the car.

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.

Can I choose the organization myself?

The victim of an accident has the right to have the vehicle examined to determine the actual extent of the damage. Clarifying the following points will help you avoid mistakes in choosing the right organization:

how positive is the trend of opinions issued without challenging any positions in court;
how long has the organization been operating in this type of activity;
is liability insurance provided?
whether contracts for the provision of services are concluded;
whether the organization is a member of the SRO for assessment.

Requirements for an expert and organization

According to the norms of Government Decree No. 238 of April 24, 2003, damage assessment can be carried out by an individual professionally retrained for this purpose, certified and included in the register of expert technicians of the Ministry of Justice of the Russian Federation.

The organization is not required to have a license or certificate to provide services, but must submit documents for SRO membership.

Responsibility of the expert and the organization

An independent specialist has no financial interest in the research being conducted. His report must be objective, without taking the position of the culprit of the accident or the victim.

For forgery in conclusion and the deliberate reflection of incorrect information, not civil, but criminal liability is provided (Article 307 of the Criminal Code). When considering a criminal case, you can try to file a civil claim for compensation for losses incurred in connection with payment for a poorly performed service.

An organization or technician can only be held accountable if its conclusion is rejected by the court. If the judge recognized the fallacy and illegality of the research being carried out and accepted the expert opinion of another specialist as the basis for the decision.

Is it worth doing an independent examination after an accident?

This procedure can significantly reduce the cost of repairing the damaged car. A properly conducted damage assessment increases the amount of payment that can be received from the insurance company.

Pros:

real assessment of the damage received;
independence of damage assessment;
increase in insurance payments.

Minuses:

you may have to go to court to resolve the situation if the insurer decides not to agree with the expert’s opinion;
additional costs are required for damage assessment by appraisers;
if the case is lost, no one will cover the costs of lawyers and evaluation;
In the case of MTPL insurance, there are many pitfalls that only a lawyer can help you figure out.

Requirements for experts

As for experts, not everyone can obtain a license. To conduct an examination under compulsory motor liability insurance, the following requirements must be met:

knowledge of general methods, requirements and legislation;
passing the permanent certification of the IAC of the Ministry of Transport of the Russian Federation;
availability of knowledge on the rules for conducting inspections and fixing a car;
correct preparation of the necessary reports;
availability of specialized higher education;
availability of additional higher education;
mandatory inclusion in the state register.

It turns out that if you decide to work as an expert, then specialized education alone will not be enough. You still have to undergo certification, during which you will demonstrate and prove your professional qualities.

Important! It is worth noting that based on the assessment results, all information is entered on the state register portal. Experienced experts recommend checking the details of the master before submitting the car for inspection. If at the time of the inspection the master’s license is missing or suspended, the results of the assessment may be invalidated in court.