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.
Kinds
The investigation of the incident is carried out by a specialist. The collision site can be inspected by an employee of the insurance company or a representative of an independent organization.
It is important to know! The objectives of the examination are to determine the circumstances of the emergency, identify the guilty party, calculate the amount of compensation, which is based on an assessment of the degree of defects, hidden damage in an accident for payment of compulsory motor liability insurance. Depending on the purpose of establishing the details of the traffic accident, the type of research is selected.
Automotive check
This type of research is carried out to determine the parameters of the road situation and analyze the actions of drivers when driving a car. An audit is carried out when it is impossible to resolve the conflict to assess the amount of damage caused, to appeal in court according to the law by the participant in the accident the indictment, understatement or refusal of compensation by the insurance company. Subjects of automotive technical examination:
- road condition, markings;
- degree of visibility, visibility;
- traffic obstruction;
- weather;
- environment;
- the presence of a slope of the route;
- car-pavement adhesion indicators;
- acceleration and braking coefficients;
- movement trajectory;
- condition of tires, lighting fixtures.
The results of a vehicle technical inspection are influenced by the assessment of whether the participants in the incident followed traffic rules and the actions taken to avoid an emergency. The expert establishes the priority of the driver's movement and maintaining a distance when performing a maneuver. The specialist finds out the speed limits on a specific section of the road, the time it takes the vehicle to reach the collision site, the braking distance and the remaining distance.
Forensic examination
The occurrence of an emergency due to non-compliance with traffic rules is the reason for investigating the incident at the request of law enforcement officers. Forensic examination involves analysis of:
- tire marks, braking;
- distances between wheels of one axle;
- paint particles;
- glass fragments;
- mechanical defects of cars;
- bodily injuries of the victims.
During the inspection, violations of traffic regulations and the consequences of a collision are established. Based on the results of an investigation of the scene of the incident, vehicles, interviews with victims and witnesses, the guilty party is determined. Criminologists take into account the static and dynamic elements of the situation of a road incident, the method of committing an accident, typical traces, and the identities of the participants in the emergency.
Forensic analysis
A trial is scheduled to establish the circumstances of the incident, determine the degree of guilt of each car owner and calculate the amount of compensation. The examination is carried out to defend its own interests if the insurance company refuses to pay for material damage. A comprehensive analysis is aimed at studying the speed of movement, the position of vehicles, the possibilities of preventing accidents, and the actions of drivers. As part of the forensic examination, technical diagnostics, engineering and psychophysiological testing, and road inspection can be carried out.
Traceological check
The investigation is aimed at establishing the circumstances preceding the collision. The main goals of traceological examination:
- determining the group affiliation of vehicles;
- reconstruction of the complete picture of the accident using the available parts and details;
- determining the location of a traffic accident;
- establishing the collision process.
The specialist analyzes the road accident diagram, draws up a protocol for examining the scene of the accident, collects photographs, video footage, and documents on the technical condition of vehicles. As part of the trace analysis, traces, the location of cars after an emergency, and fragmented parts of cars are studied.
Automotive merchandising
The cost of repairs is determined based on the nature and extent of mechanical damage, wear of individual parts, and the market price of vehicle parts to be replaced. Automotive product inspection is carried out when accruing material damage under insurance that does not correspond to reality, to determine the amount of damage caused to recover funds from the culprit of the accident in the absence of a valid MTPL policy.
Attention! The study is aimed at establishing the amount of compensation required for restoration work. As part of a vehicle inspection after an accident, a specialist takes into account hidden defects of the car.
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:
Timing of a forensic medical examination after an accident
Many people want to receive an expert opinion as soon as possible. But everything will depend on the recovery of the victim as a result of the accident. It is on the basis of medical documentation that the research is carried out. Legislative acts do not prescribe deadlines that should be adhered to when conducting a forensic medical examination. In most cases, everything will depend on how much expertise is in the hands of specialists.
If you want to carry out all the manipulations as soon as possible, you can contact non-governmental institutions. But you will need to pay a certain amount, not a small one. In some cases, it can reach tens of thousands of rubles.
Sample application for appointment of an appraisal examination of a car
To the Kirovsky District Court of Yekaterinburg
Plaintiff:
Z.
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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Sample application for appointment of a trace examination for an accident
To the Judicial Collegium for Civil Cases
Sverdlovsk Regional Court
Plaintiff:
TO.
Respondent:
TO
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 a forensic medical examination in an accident
At the initial stage, before the appointment of an examination, the victim is examined. His blood is taken to check for the presence of drugs or alcohol in it, and damage that is visible upon visual inspection is recorded. Based on the results of these actions, an inspection report is drawn up. It can be used as evidence or serve as the basis on which a forensic medical examination is ordered after an accident.
When a forensic medical examination is ordered, it can provide answers to the severity of the injuries received, whether they threaten human health, whether there are narcotic or psychotropic substances in the body, the number and location of the injuries received, as well as what kind of injury caused death . You can get other significant answers that will be necessary for investigative or judicial authorities.
Based on the results of the examination, a conclusion is drawn up, which indicates in detail all the injuries received, the circumstances of their receipt, conclusions are drawn about the severity of the injuries received, and the mechanism of their formation.
