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.
Timing of the auto examination
Like any event, the examination has its own deadlines. The insurance company is obliged to assess the accident damage to the vehicle within 5 working days and issue its conclusion.
If you did not have time to conduct an independent examination before the insurer’s assessment, do not be upset and do not refuse the services of the insurance company, since otherwise you will violate Article 10 of the law on compulsory motor liability insurance, which may lead to a completely legal refusal to reimburse the insurance amount.
In most cases, appraisal companies carry out the examination in 3–10 days, but are ready to provide urgent services for an additional fee. As a rule, the costs of an independent assessment are included in the amount of compensation for an insured event.
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.
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).
Accident examination: know your rights and drive carefully
Every year the number of cars in cities increases at a high rate. Having a car in a family is commonplace. And traffic jams during rush hour and on the way out of the city on the weekend will not surprise anyone. Unfortunately, accidents and accidents on the roads have also become the norm. Scheme “How to act in case of an accident. Step-by-step instruction"
What to do if there is an accident? How to properly fill out documents and manage your right to receive insurance benefits? What is an independent auto examination? Kirill Formanchuk, an expert in the field of protecting the rights of motorists, will help us find the answer to all these questions. Kirill Viktorovich Formanchuk has been involved in auto human rights activities since 2006 to the present day. He is the chairman of the public movement “Committee for the Protection of the Rights of Car Owners” and the president of the “Federation of Car Owners of Russia” in the Sverdlovsk region. 1. Is it always necessary to call the traffic police to the scene of an accident or can you handle it on your own? An accident can be registered without the participation of police officers in only a few cases. According to Art. 11 of the Law “On Compulsory Motor Liability Insurance”, it is possible to draw up documents about an accident without the participation of authorized police officers if the amount of the insurance payment due to the victim for compensation for damage caused to his property does not exceed 25,000 rubles. The method of registering an accident without the participation of the police, or the European protocol, is used if: • damage as a result of a traffic accident was caused only to property, no people were injured; • two vehicles were involved in the accident, the owners of which had valid MTPL policies at the time of the accident; • the circumstances of the accident, the nature and list of visible damage to the vehicles do not cause disagreement among the participants in the road accident. There is no dispute about fault in the accident, and the participants reached an agreement regarding the amount of cost of the damage caused to the vehicle. In all other cases, it is necessary to register an accident with the help of police officers. 2. What is an independent auto examination? What is the essence of the assessment and what are its stages? Will I benefit by turning to independent experts? All examinations are independent by default, but the conclusions of experts sometimes differ significantly from each other. When is the difference most noticeable? When the insurance company sends the victim to inspect the damaged property to expert organizations with which it has an agreement. And in cases where the victim independently, with a request for personal needs, contact the same institution, without presenting a referral from the insurance company. The results of these two examinations will be very different. The examination consists of two main stages: a visual inspection of the damaged property and calculation of the cost of restoration repairs. The examination consists of two main stages: a visual inspection of the damaged property and calculation of the cost of restoration repairs. During the inspection, the expert determines the nature of the damage and the extent of repairs necessary to restore the property, and also correlates the nature of the damage and the circumstances of its occurrence. The inspection can be carried out either once or several times. If during the repair or disassembly process hidden damage was discovered that could not be detected visually, then the expert conducts an additional inspection. The next step is to perform the calculation. An expert, using special software and reference books, determines the cost and quantity of work, as well as prices for materials and spare parts necessary to restore the vehicle. 3. When is an independent assessment necessary after an accident? Does the car owner always have the right to it? The owner of property has the right to dispose of it as he sees fit. If the victim does not agree with the results of the examination performed at the direction of the insurer, he has the right to conduct another examination without his consent. As practice shows, the result of an examination in the direction of an insurance company is almost always less than that of an expert not associated with insurers. As practice shows, the estimated cost of damage as a result of an examination in the direction of an insurance company is almost always less than that of an expert not associated with insurers. 4. How long will it take for auto examination? It all depends on the complexity of the damage and the subject of the assessment. Thus, an examination of a vehicle will take three to four hours if no more than 10 elements are damaged. An expert who has the necessary reference books and prices on hand will make the calculation quickly. 5. What documents do I need to submit for an independent auto examination? The package of documents depends on the specific case and may vary. Indicative list: • Documents for the vehicle; • Certificate of accident or any document indicating the date of damage; • Vehicle purchase and sale agreement, since the purchase price is important when determining the amount of loss of commodity value (LCV) and when calculating depreciation. 6. How do you know that a company that conducts an independent assessment of damage due to an accident has the right to carry out activities, and its conclusion will have evidentiary value in court? There is no clear answer to this question. If an expert acts within the framework of the law “On Compulsory Motor Liability Insurance” and performs an examination in the direction of an insurance company, then he must be included in the state register of expert technicians of the Ministry of Justice of the Russian Federation. If the victim, and not the insurance company, applies for an examination, then the expert needs only a diploma or some kind of certificate that he has attended some courses on determining the cost of restoration repairs after an accident. Moreover, courts also accept assessment reports made by specialists who do not have the right to determine the cost of restoration repairs, as well as various advisory opinions. If, in fact, the calculation is correct, but is not formalized as it should be, the court will accept it anyway. This is the practice. 7. Is it worth contacting companies and experts who list their phone numbers on posts and fences like “Road Accident Damage Assessment”? Will the expert himself deceive? I do not recommend contacting those who advertise themselves on poles and post advertisements in doorways. Contact trusted specialists. I recommend that you first clarify whether the specialist has at least any documents confirming his qualifications. Choosing an expert is difficult, almost as difficult as choosing a competent lawyer. Take your choice responsibly! Choosing an expert is difficult, almost as difficult as choosing a competent lawyer 8. Approximate cost of services of an independent auto expert? What does it consist of? The cost of services varies from 3,000 to 15,000 rubles. The price for the examination depends on the qualifications of the expert and the expenses of the expert organization. The cost of an examination in an organization that pays taxes and issues cash receipts for its conclusions will cost more than in an organization that issues receipts for which they are not reported to the tax authorities. There have been cases when courts refused to compensate for the cost of the examination due to the lack of a cash receipt. An examination containing color photographs will also cost more than an examination without photographs. You also need to pay attention to this, because... Courts require photographs of damaged property. 9. Will insurance reimburse me for the cost of an independent auto examination? Payment for examination is losses associated with illegal actions of the insurance company; they are subject to compensation along with other expenses of the victim, such as: evacuation of the vehicle, storage in the parking lot until the date of inspection, etc. 10. Several practical tips for car owners involved in an accident . I recommend that after an accident you immediately contact an independent expert and send all documents by mail to the insurance company. This way you will protect yourself from an unqualified assessment by the insurer and save your time, which you could spend in queues at the insurance company. If the insurance company does not pay, then you need to go to court. The Law “On the Protection of Consumer Rights” applies to insurance relations, and the court, when making a decision, is obliged to collect a fine from the insurance company in the amount of 50% of the amount of satisfied claims. In addition, the consumer is compensated for moral damages for the illegal actions of the insurer. Know your rights and drive carefully!
Source: Accident Examination: Know your rights and drive carefully
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.
