Road accidents resulting in death or serious bodily harm. What should a lawyer know to create a strong defense position? Part three - Important aspects of automotive research in the investigation


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.

Automotive check

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.

Carrying out a comprehensive automotive technical examination of road accidents

Carrying out a comprehensive automotive technical examination of road accidents

A significant increase in the number of road transport has led to an increase in road accidents that occur daily.

Determining who is at fault for an accident can sometimes be quite difficult. However, with the help of automotive technical expertise it is quite possible to do this.

This type of research is labor-intensive and requires a very accurate identification of all the details surrounding the incident. A comprehensive automotive technical examination includes many different actions that are carried out directly at the scene of an accident. In this case, not only the true culprit is determined, but all the causes of the accident are clarified.

The main purpose of conducting an automotive technical examination is to establish all the circumstances that led to a dangerous situation during road traffic. A thorough study of the collision site and analysis of vehicle damage allows the expert to reconstruct the picture of the incident and identify the culprit.

Any accident results in significant financial expenses, and sometimes the investigations of the participants in the incident lead to nothing. Thanks to the examination, unnecessary financial problems can be avoided. If there are discrepancies in the testimony of participants and witnesses of the accident, a comprehensive automotive technical examination is ordered in court.

Automotive technical examination is mandatory if the case of this incident is being considered in court. In other cases, it may be carried out at the initiative of the insurance company to determine the amount of compensation for damage caused. An examination may be ordered during various stages of the investigation. If the case concerns a judicial investigation, the court makes a final decision only after receiving the results of the examination.

If one or both parties to the conflict do not agree with the conclusion of the examination, they can apply for a re-examination. Regardless of whether it is primary or repeated, it is necessary to draw up the petition correctly. In most cases, you cannot do this on your own. Therefore, it is advisable to involve an experienced lawyer to ensure the correct execution of all necessary documents.

This concerns mainly the appointment of a re-examination, for which the applicant must prepare a request. If it does not indicate specific reasons for the examination, the court may refuse to conduct it. A qualified auto lawyer will help avoid such a situation by obtaining an examination, and will also represent the interests of the applicant in court.

It is necessary to notify other parties to the conflict, as well as the insurance company, about the repeated auto technical examination. Payment for the examination is usually imposed by a court decision on the culprit of the accident. The cost of the examination depends on the nature of the accident and the work carried out by the expert. If we are talking about an independent examination, then it is paid for by the initiator, that is, the customer. If his innocence is proven, he can file a claim to recover from the culprit of the accident the amount spent on paying for the examination.

Automotive technical examination is carried out by specialists who have a license to carry out this type of activity and have the appropriate education. The examination is carried out on the basis of an agreement signed by the expert and the customer, which clearly states all types of research assigned to the expert.

The expert opinion is issued in writing and presented to the court and the customer. The timing of the examination depends on the volume of work, as well as on the number of participants in the accident, but in most cases the expert can complete the examination within three days.

Order an examination

Cost and timing of automotive technical examination

Definition of technical vehicle status from 8000 rubfrom 2 to 5 daysorder
Determining the cost of restoration repairsfrom 10,000 rub.from 1 to 5 daysorder
Pre-trial traceologyfrom 12,000 rub.from 1 to 5 daysorder
Examination of the circumstances of the accidentfrom 15,000 rub.from 3 daysorder
Traceological examination of the nature of damagefrom 15,000 rub.from 3 daysorder
Forensic transport and trace examinationfrom 18,000 rub.from 2 to 7 daysorder

Our examination and assessment bureau produces

independent automotive technical expertise in Moscow, the Moscow region and in all regions of Russia.

+7 495 771-58-31

In order to appoint and conduct an auto technical examination for the court, we will need from you the name of the judge, the full name of the judge and the full name of the plaintiff and defendant, and questions for the expert, and we will send you an information letter for the court indicating the exact timing and cost of the examination.

5 / 5 ( 2 voices)

What allows you to find out

Vehicles involved in an accident are inspected to identify the causes and circumstances of the incident. Even before contacting specialists, drivers should know what an auto technical examination establishes in the event of an accident.

It is important to know! The main objective of the study is to determine the characteristics and parameters of the road situation, to analyze the actions of participants in a collision when driving vehicles.

Technical condition of cars

When inspecting a car, the expert compares the obtained mechanical defects with the original data. As part of the study, the vehicle’s performance at the time of the collision is determined:

  • movement speed;
  • trajectory;
  • tire condition;
  • grip on the road surface;
  • length of the braking trace, stopping distance;
  • travel time to another vehicle;
  • the size of the permissible lateral interval between moving passing vehicles;
  • distance between cars before collision;
  • malfunctions before the emergency.

The expert evaluates the functionality of the steering mechanism, hydraulic booster, and lighting fixtures. The specialist determines the factors affecting the stability of the vehicle and the possibility of the vehicle overturning or skidding. If there are defects before the collision, the technician establishes a causal relationship between previously obtained defects and the circumstances of the accident.

Road condition

External factors influence the occurrence of an emergency. As part of the auto technical examination in case of an accident, questions to the expert concern the condition of the road surface and the correctness of the applied markings. When making a conclusion, the specialist takes into account the presence of potholes, holes, deep ruts, and external sewer systems.

Location of the accident

The technician studies the location of traffic lights, restrictive road signs, and places for pedestrians. As part of the study, the presence and degree of slope, the state of visibility, and visibility are determined. To make a decision, measures taken to eliminate the consequences of weather conditions and other motorists are taken into account: removing snow, clearing the area of ​​liquids, oil or gasoline.

Other factors

The expert assesses the psychophysical state of the drivers at the time of the incident. The study determines whether car owners comply with traffic rules and the ability to prevent collisions by road accident participants. After examining the damage and the scene of the incident, the specialist establishes a causal relationship between the actions of the drivers and the occurrence of the emergency.

Automotive technical expertise

EXAMPLE No. 1

Object of examination
: a 2004 Pontiac Vibe.

Type of examination

: auto-technical.

Customer of the examination

: Preobrazhensky District Court

Problem

: It is necessary to calculate the cost of restoration repairs that were required as a result of the accident.

Quite often, when an insured event occurs, the insurance company begins to evade its obligations to pay insurance compensation, or pays it in a smaller amount than the damage caused.

This exact situation happened to the owner of this car.

Calculation of the cost of restoration repairs made by the insurance company:

Total repair cost RUB 124,866.00
Cost of repairs including wear and tear RUB 65,539.75

Result

: The center for independent examinations "Standard Expert" carried out an independent examination, the cost of restoration of the Pontiac Vibe car was:

Total repair cost RUB 177,127.32
Cost of repairs including wear and tear RUB 108,833.86

EXAMPLE No. 2

Object of examination:

Mazda 3 state registration plate x000xx44.

Type of examination:

auto-technical.

Customer of the examination:

Simonovsky District Court.

Problem:

The applicant filed a claim about the accident with Renaissance Insurance Group LLC, which, having examined the claim, recognized the event as an insured event and paid compensation, based on the conclusion, taking into account wear and tear, in the amount of: 120,000 rubles. 00 kop. (One hundred and twenty thousand rubles. 00 kopecks) under the compulsory liability insurance policy (OSAGO) and under the voluntary liability insurance policy: RUR 29,773. 85 kopecks (Twenty nine thousand seven hundred seventy three rubles. 85 kopecks). The applicant for the examination does not agree with the list of damages as a result of the accident, and he is also not satisfied with the calculation of the cost of restoration repairs made by the insurance company.

Calculation of the cost of restoration repairs made by the insurance company:

Total repair cost RUB 193,303.18
Cost of repairs including wear and tear RUB 129,773.85

The expert was asked the following questions:

  • What damage occurred on the Mazda 3 car, state registration plate x000xx, as a result of a traffic accident that occurred on 00.00.0000?
  • What is the cost of restoration of a Mazda 3 car, state registration plate x000xx, necessary to eliminate damage resulting from a traffic accident that occurred on 00.00.0000?

Result:

An expert from the LLC Center for Independent Expertise "Standard Expert" analyzed the list of damages in the accident certificate, the calculation of the estimated repair costs compiled by both an expert organization on the part of the insurance company and an expert organization on the part of the victim. The examination was carried out only on the materials of the civil case, since on the date of the examination the car had already been repaired. Next, the expert identified the vehicle itself: model, year of manufacture, owner, etc., and concluded that the vehicle data specified in the registration documents do not contradict the VIN decoding on the website https://www.japancats.ru/mazda/ .

The provided materials of the civil case do not contain a diagram of the accident site, as well as explanations from the drivers involved in the accident. Thus, it is not possible to determine the nature, direction and trajectory of the vehicles’ movement before the collision, the mechanism of their interaction, as well as the correspondence of the damage to the Mazda 3, state registration plate x000xx, using expert methods.

However, as a result of a comparative analysis, the expert found that the damage to the Mazda 3 car indicated in the insurance company’s vehicle inspection report corresponds to the damage listed in the accident certificate dated 00.00.0000, including damage to external parts associated with external parts specified in A certificate of an accident or installed on them, as well as damage to parts located in the zone of general deformation, and which could not be accessible to the traffic police officer during inspection (hidden damage), and could probably have been caused by an accident that occurred on 00.00.0000.

After taking into account the information from the civil case materials and based on the recommendations of the manuals used, the expert calculated the cost of restoration repairs for the indicated damage, which practically confirmed the calculation of the insurance company

Total repair cost RUB 195,174.93
Cost of repairs including wear and tear RUB 149,017.46

EXAMPLE No. 3

Object of examination:

BMW X5 state registration plate x000хх77.

Type of examination:

comprehensive auto-technical traceological examination.

Customer of the examination:

Lefortovo District Court.

Problem:

The plaintiff in a civil case does not agree with the list of damages that the insurance company associates with the accident, as well as with the amount of insurance compensation. The following questions were posed to the specialist in this study:

  • Are the damages on the BMW X5 car, state registration plate x000xx77, a consequence of one traffic accident that took place on 00.00.0000? at the address "..." in Moscow with the participation of a BMW X5 car, state registration plate x000хх77 and a GAZ car, state registration plate u000уу77 under the control of "..."? What damage results from this traffic accident?
  • What is the cost of restoration repairs, taking into account the wear and tear of parts of a BMW X5 car, state registration plate x000xx77, necessary to eliminate damage resulting from a traffic accident that occurred on 00.00.0000. at the address "..." Moscow?

Result:

This examination is complex, since in addition to an expert auto technician, it requires the involvement of an expert traceologist. The expert traceologist identified the vehicle itself: model, year of manufacture, owner, etc., and concluded that the vehicle data specified in the registration documents do not contradict the VIN decoding on the website www.elcats.ru/bmw/.

Next, the expert traceologist according to the provided materials of the civil case, namely the Certificate of a traffic accident dated 00.00.0000, the Determination on the refusal to initiate a case of an administrative offense dated 00.00.0000. concluded that the driver of a GAZ car, state registration number u000уу77, violated clause 10.1 of the Traffic Regulations of the Russian Federation (10.1 “The driver must drive the vehicle at a speed not exceeding the established limit, taking into account the intensity of traffic, the characteristics and condition of the vehicle and cargo, road and meteorological conditions, in particular visibility in the direction of travel. The speed must enable the driver to constantly monitor the movement of the vehicle in order to comply with the requirements of the Rules. If a danger to traffic arises that the driver is able to detect, he must take possible measures to reduce the speed until stopping vehicle"). As a result, he hit a standing vehicle - a BMW X5 car, state registration number x000xx77.

Next, the expert traceologist analyzed the patterns of displaying information about the accident event in the traces and divided the traces into primary ones, i.e. those that arose during the first, initial contact of vehicles with each other or vehicles with various obstacles, and subsequent (secondary) ones that appeared in the process of further displacement and deformation of the objects that entered into the trace interaction. Next, the trace expert performed a comparative analysis of the damage recorded in the materials of the civil case. Further, the expert established that the BMW X5 car, state registration number x000xx77, has two groups of damage, different in the mechanism of trace formation, correlated these damages with the list of damages indicated in the accident certificate and inspection reports, thus linking the mechanism of a specific accident with the recorded damage.

Further, an expert automotive technician, incl. The appraiser calculated the cost of restoration of the specified BMW X5 car, state registration number x000xx77. The cost of restoration was:

Total repair cost RUB 300,353.38
Cost of repairs including wear and tear RUR 235,428.78

Which exceeds the cost of restoration repairs calculated by the insurance company (269,856.33 and 138,849.43, respectively), as well as the 2nd indicator of the cost of repairs - taking into account wear and tear, calculated in the pre-trial examination initiated by the plaintiff (346,512.75 and 191,737.72, respectively) .

How to properly conduct a private examination

Motorists have the right to contact commercial organizations for an independent inspection. Stages of assigning a private examination:

  1. Selecting an appraisal company.
  2. Concluding an agreement, making payment.
  3. Coordination of time and place of inspection.
  4. Preparing the car for auto technical research.
  5. Providing documents drawn up at the scene of an accident.
  6. Carrying out an inspection.
  7. Drawing up a conclusion.

When carrying out a private investigation, the initiator of the examination is obliged to promptly notify the insurer and other participants in the road accident about the assigned activities. The notification must be sent no later than three days before the technical inspection.

Drawing up a request for

A private study is required to assess the defects of the vehicle, accurately determine the details of the collision, the mechanism of action of drivers to determine the guilty party. A motorist can draw up a request for an inspection using the model of a request to appoint a trace examination for an accident. Basic details of the application:

  • civil case number;
  • information of the defendant, plaintiff;
  • list of questions for the expert;
  • name of the specialist;
  • payer data for services provided;
  • list of attached documents.

The petition is drawn up in free form. The document reflects the circumstances to confirm or refute which an automotive technical study is carried out. The right to file a petition must be justified by Russian law.

Cost of the procedure

The price of an expert’s services is determined by the scope of work: the more serious the deformation of the vehicle, the longer the technician will spend on the inspection.

It is important to know! The cost of the study also depends on the type, brand, year of manufacture of the car, and the region where the procedure is performed. The average price for an automotive technical examination of a passenger car in Russia is at least 2,500 rubles.

The investigation of the circumstances of an accident is aimed at identifying the causes of the collision and identifying the guilty party. A vehicle inspection is carried out to assess the damage to the vehicle, the condition of the road and the surrounding environment, which could have contributed to the occurrence of an emergency. Drivers who disagree with the decision made in a traffic accident case have the right to conduct a private examination.

Rating
( 2 ratings, average 4.5 out of 5 )
Did you like the article? Share with friends: