Car accidents examination of the insurance company OSAGO. Independent expertise for CTP

Express assessment of real damage

Independent examination after an accident on OSAGO

One of the ways to objectively determine the damage is an independent professional examination. It is known that the liability of any car owner must be insured in case of getting into traffic accidents. And an independent examination after an accident under OSAGO should be carried out according to clear rules. How professionally and legally competent an independent examination will be performed after an accident determines the amount of payments.

Unfortunately, the examination of the accident site, carried out by representatives of the insurer, does not always reflect real situation affairs. As a result, the compensation is much less than the repair costs. The only solution to this problem is to conduct an independent qualitative examination after an accident on OSAGO by an expert of our company. If you follow the recommendations that our lawyer will give you, then you will be able to recover the full amount of compensation to the maximum short time. And the first step in this direction is the examination of an independent accident according to OSAGO. And to do it, call us now and we will promptly carry out an examination of an accident under OSAGO.

What is an independent examination after an accident on OSAGO

It is an independent professional examination of an OSAGO accident, the expert's conclusions regarding the actual amount of damage caused to the car in an accident. And the key condition here is that the specialist conducting such an inspection should not have partnerships with the insurer. After all, the latter, after receiving a notice of the incident, is obliged to deadlines inspect vehicle. But with regard to such an examination of an accident under OSAGO, the expert's opinion cannot be called independent. Most often, appraisers cooperate with insurance companies and try to reduce the damage caused to the car. In addition, the price of parts and upcoming repair work. As a result, you will not be able to restore the car for the amount received.

In turn, an independent examination after an accident on OSAGO:

uses the cost of branded components as the basis for calculation;
determines the cost of repairs at the average price of several car services;
appraises the car market value.

Also, an independent examination after an accident will determine the amount for which undamaged balances can be sold if the car is beyond repair. At the same time, an independent examination of an accident during the calculations will take into account such an important factor as depreciation. If you are not satisfied with the opinion of the insurer's representative, and you think that the proposed payments will not cover your costs, you can contact us. Our company will provide you with all the support you need. And an independent examination after an accident will be carried out in the shortest possible time and meet the requirements.

When is independent professional expertise needed?

First of all, an independent examination after an accident is appointed if payments are due under the “auto-citizenship” policy. In this case, the main tasks that must be solved by an independent examination of OSAGO:

accurate study of the circumstances of the accident - in the process of an independent qualitative examination, the specialist must indicate whether the car really suffered in this incident;
calculation of the cost of car restoration - the conclusion of an independent qualitative examination should give the following answers: is the damage within the limits of liability of the insurance company or is it necessary to recover the missing amount from the guilty person.

Also, an independent examination after an accident is required if there are disagreements between the parties regarding the amount of damage. It is also worth considering that the rules for conducting an examination of an accident provide that such an examination by experts of an insurance company for OSAGO will be carried out in certain deadlines. If this does not happen, then an independent examination is carried out after an accident, and the insurer must bear the costs of its implementation.

There is also a secondary independent examination after an accident. For example, the victim does not agree with the conclusions of the specialist. Or, in the process of considering the claim, the court may initiate a second examination with another expert. An independent examination is carried out after an accident and in other cases. An experienced car accident lawyer that the company recommends will determine when independent professional expertise may be required to protect your interests.

Who can conduct an independent examination after an accident under OSAGO

Our company offers assistance in protecting the rights of car owners. If you contact us, then an independent examination after an accident will no longer be a problem. We employ certified experts who have all the necessary certificates, knowledge and equipment. After all, if you need an independent examination after an accident, then it is better to entrust it to professionals. In this case, it will be easier for you to get a sufficient refund and restore the car.

If the perpetrator of the accident refuses to compensate for the damage, there is a dispute with the insurance company, or the amount of expenses exceeds the coverage limit under the policy, call us now and we will promptly carry out an examination of the accident under OSAGO. We will also take care of everything legal issues such disputes. We will not only conduct an independent examination after an accident, but also resolve the issue of payments under the policy, as well as represent your interests in court. Cooperation with us will save your time and money, because experienced lawyers will achieve a positive court verdict.

Any accident is a shock and long proceedings for the participants.

Car owners have to restore the car, spend money on repairs, deal with insurers, who often try to reduce the amount of monetary compensation for the damage caused.

In protecting the rights of the victim after an accident, an independent examination of OSAGO will help.

We will find out how the examination is carried out, whether it is necessary to notify the perpetrator of the accident about its conduct.

After the accident

As soon as an accident occurs, the motorist must call the traffic police if the collision cannot be formalized according to the Europrotocol. At the scene of an accident:

Determine who is responsible for the accident. The insurer of the culprit must compensate for the damage.
The insurance agent will assess the degree of damage, their number, nature.
If the accident is documented according to the Europrotocol, drivers fill out an Accident Notice, draw a diagram of the accident, indicate all the details of what happened.
Collect data from witnesses of the accident, if any, enter information about them in the Notice.

If it is not possible to assess the nature of the damage to the vehicle at the scene of an accident, an inspection should be carried out at the insurer's service station.

But where is it better to apply after an accident, to an insurance or independent examination? It is preferable to choose the second option.

Where to make an independent examination of a car after an accident, if there is no one to advise a good organization?

Vehicle damage assessment is carried out by certain firms that do not work with insurance companies.

When choosing such an office, you need to find out:

whether the company has a positive reputation, what are the reviews about it;
Does she have many years of experience?
Does she have liability insurance?
how he draws up a deal with car owners, are there any contractual forms;
the office must be included in the SRO for evaluation;
at least one expert must be included in the register of expert technicians of the Ministry of Justice of the Russian Federation.

The expert can be asked for examples of his expertise and judgments which were adopted based on the results of its activities.

You can also find out what kind of work experience he has, whether he took professional training courses, whether he passed the commission of the Ministry of Transport.

The cheapest expertise may be of poor quality. Independent expertise must be trusted to high-class specialists.

We will learn how to conduct an independent examination of a car after an accident.

The culprit with OSAGO insurance must independently restore his vehicle, and the victim will be paid financial compensation from the culprit's insurer.

But it is quite rare to get a full compensation for damage. Insurance companies have many different schemes that allow them to save on their customers.

Sometimes it is quite difficult to determine the guilt of the parties, especially when the testimony of the drivers does not match. An independent examination is designed to restore the picture of the accident, to study the whole range of factors, to conclude who is really to blame.

An independent expert examines the technical condition of the vehicle, describes the damage, compares the facts (for example, finds out the initial speed of all vehicles, the position of the cars after the impact), issues official document, which reflects the amount of damage, and helps to find answers to other important questions. If necessary, the expert can calculate the market value of the car.

The procedure for conducting an independent examination is regulated by the Regulations Central Bank RF dated September 19, 2014 No. 433-P "On the rules for conducting an independent technical expertise of the vehicle."

Is it worth contacting independent organizations? Why is it so important? Insurance companies advise various firms to assess damage, which usually work closely with insurers. Therefore, quite often the true cost of damage is underestimated.

If an expert from such a company examined a vehicle that had an accident, but his findings raised even more questions, you need to look for an independent expert.

Usually, an independent examination is ordered by the victim, who wants to achieve justice and high-quality car repairs from the insurer.

A participant in an accident must sign a contract with the relevant company immediately after the accident or after the damage has been assessed by representatives of the insurance company.

After an accident, do not rush to make repairs until the issue with the due amount of payments is finally resolved.

If the car owner agrees with the opinion of the expert from the insurer and returns the car to a car service, a second inspection will not make sense, since all the defining defects will be eliminated.

The independent expert has no material interest in preparing a report with incorrect data. It will provide a more objective and adequate assessment of the damage.

The difference in the amount of damage between an organization from an insurer and an independent company can be large. It is best to keep all documents and receipts.

Consider the procedure for conducting an examination in 2020. What documents are needed?

The documents

The examination is carried out on the basis of:

registration documentation for the car;
documentation of the accident, which the victim handed over to the insurer (or their copies);
certificates of accidents, if any;
referrals for examination, if there is an agreement for expert services, which was concluded between the expert organization and the insurer;
other documents issued on the fact of the accident.

The legislation provides for a clear sequence of the process:

choice of an independent organization;
conclusion of an agreement with her;
payment for the work of an independent expert;
agreeing on the date and time of the TS study;
telegram invitation to the culprit of the accident and all interested parties;
arrival for examination;
the expert draws up the act on prescribed form, captures the detected damage on a photo or video;
the expert is working on an estimate taking into account the market value of materials, parts that need to be replaced;
the client is issued a conclusion, which is formalized by the act of transfer-acceptance;
terms of examination and registration required documents- 3 days.

At the inspection, you need to invite the culprit of the accident and the representative of the insurer. A telegram is sent to the insurance company 5 working days before the date of the independent examination.

The following factors must be reflected in the report, which is compiled by an employee of the organization:

Copies of the expert opinion must be kept for 3 years.

The act is received by the representative of the insurer. The results of the examination are included in the conclusion entitled "Report on determining the market value of damage from an accident." The pages are stitched, numbered, sealed with the appraiser's signature. One copy is given to the customer. The transfer is documented.

According to the document, the insurance company must pay damages to the victim. If the insurer does not agree, the case will be considered in court. Then a reassessment of the damage may be necessary.

Usually, the injured driver initiates an independent investigation.

How much does an independent examination of a car after an accident cost? The cost is made up of:

the degree of damage to the vehicle;
the complexity of the work;
type of expertise;
urgency (10-15% of the total cost of services).

With a mild degree of damage, the price in Moscow starts from 3,500 rubles (up to 5 damaged parts), with a complex one - from 7,000 rubles (over 20 damaged parts). The cost is approximate.

Very often the question arises who pays for such an examination. The victim pays. But if the victim sues the insurance company that underestimated the amount of damage, and the court decides in favor of the victim, the insurer must cover the costs.

Therefore, documents issued by an expert from the insurance company, as well as documents and receipts from an independent expert, must be kept. They will be needed in court.

Expertise determines not only the cause motor vehicle harm. Third parties also conduct other types of audits:

The injured driver will have all the documents on hand. With them, he can contact the insurer.

If the insurer refuses to consider documents or pay compensation, you can go to court. An independent expert conducts an examination in the presence of the victim, a representative of the insurance company and the culprit.

But if the driver responsible for the accident does not want to make contact, problems may arise. We will find out whether the perpetrator of an accident should always be present at an independent examination.

The requirement to invite the culprit for an independent examination is valid in the following cases:

Video: Independent expertise after an accident

Results

An independent examination helps the victim to seek justice on the issue of compensation.

Positive sides:

the expert makes a true assessment of harm;
based on regulations, handbook and instructions, and not on the requirements of the insurance company;
contributes to the payment of the real amount of damage.

Negative sides:

if the victim and the UK disagree, litigation is possible;
when contacting an independent expert, you will have to bear additional costs;
if the car owner loses, he will have to pay the costs of doing business and the work of experts.

The Supreme Court of the Russian Federation made an important decision, which concerns a very painful situation for many car owners.

The Supreme Court has clarified in which cases, if the autocitizen policy turns out to be fake, the insurer still has to pay for the damage.

There is a regular stuffing of false policies into the auto insurance market. When a fake is discovered after an accident, the insurer refuses to pay for car repairs.

Indeed, often a motorist who has acquired such a policy turns out to be innocent. The fact is that the forms, as a rule, are not filled out by representatives of insurers, but by their agents, brokers, representatives, and whatever you call them further.

As a result, it turns out that the car owner has purchased insurance, which the insurance company is not going to provide to him. The flyer is fake. Or copied. Or timely hidden from revision.

Moreover, it is not the culprit of the accident who suffers in this situation, but the one who received the damage. After all, it is he who is faced with the fact that his counterpart does not have a policy. And therefore, you have to look for the culprit, his address, in order to make a claim.

And the number of such incidents is growing. An accident happened. As a result, the driver who did not have insurance was found to be the culprit. Or it is, but illegal. What should an injured driver do? Right. Go to court for compensation.

And here there are quite big problems. Where to find the culprit of the accident? Where can I find his address, where to send requests for payment? After all, only the form of a fake policy remains in the hands of the victim in the accident.

There is OSAGO insurance, but it is illegal. What should an injured driver do?

The Supreme Court has dealt with such situations. And gave clear advice. He explained when the insurer is obliged to compensate for the damage, even if the person responsible for the accident has a fake policy.

Moreover, in the decision of the Supreme Court it is clearly indicated what is considered a fake, and what is the unfair work of the insurer.

The recipe is pretty simple. When a car owner buys an OSAGO policy at the company's office, he is more or less protected from fraud.

But there are agents, brokers, and there are completely unknown points of sale of auto citizen near the registration departments of the traffic police.

What will be sold to you as an OSAGO agreement and the corresponding policy in these places, no one knows. Therefore, you need to carefully consider the documents. There are many ways to check the policy for authenticity. For example, go to the website of the Russian Union of Insurers and find out which company this form was shipped to.

After paying the money, concluding an agreement, after a while you can find out if this policy has been sold and to whom, for which car.

But few people think to arrange such a test. Happiness from buying a car rolls over. As a result, car owners are faced with the fact that a minor accident through no fault of their own turns into a long-term headache.

For a beaten car, the insurer will not always return the money. But he will be obligated if the policy was not put on the wanted list. A photo: photoexpress

Two drivers did not share the road in the North-West region of Russia. On November 21, 2014, the driver of the Versalovs crashed into a car driven by the driver Bozhedarov. Both vehicles were damaged. Versalov was recognized as the culprit in the accident. Price refurbishment Bozhedarova's car amounted to a little less than 60 thousand rubles.

According to current rules Bozhedarov applied to his insurance company for damages.

After all, only two cars were damaged, both participants are insured under OSAGO, there were no victims.

But his company refused to pay him. Versalov's insurer stated that he did not sell such a policy to this person.

Moreover, a policy with this number was sold in the Far East region and belongs to another person with a different car.

Bozhedarov filed a claim for damages against Versalov himself. However, he had no luck here either. The trial court did not recognize the validity of his claims.

However, the appellate instance on the complaint of Versalov overturned the decision of the lower court. The appeal considered that the driver was insured and the insurance company should compensate for the damage.

At the same time, the court carefully studied the policy forms and found that the document purchased by Versalov could be fake. The TIN is applied on the imprint of the seal, which has nothing to do with the insurer company.

The court even suggested appointing a forensic examination of the policy, but the participants in the process themselves refused this.

Nevertheless, the court considered that Versalov was not obliged to know all the subtleties of OSAGO forms. He bought the policy, so the insurance company took responsibility. It seemed to be a dead end.

Unauthorized use of forms does not release the company from the performance of the contract

However, Bozhedarov reached the Supreme Court, which had its own opinion on this matter. The SC decided that Court of Appeal was wrong. OSAGO policy is issued on the form strict accountability. These forms are sold to the insurance company, which distributes them to its agents and is responsible for them. If the form has not been implemented, the company must dispose of it, and this must be reflected in the documents.

Unauthorized use of forms does not exempt the company from fulfilling the terms of the concluded agreement.

Except for one case: when the company applied to the police with a statement about the theft of this policy before the occurrence of an insured event.

Since there is no evidence that the policy was fake, and no one began to investigate this, the insurance company must pay for this insured event.

The Supreme Court sent the case back for a new trial. But this decision gives a clear explanation in which situation the insurance company compensates for the damage, and in which the culprit of the accident is civil.

If the culprit of the accident has a fake OSAGO policy, it is useless to contact the insurer. It is better to contact the police, and then sue the culprit through the courts.

If the policy form is genuine, but the company did not sell it, the company must pay damages to the victim. Namely, the following situation is meant. If the form is genuine - that is, it was made by Goznak for a specific insurance company and sold by any of the insurance agents or brokers, while no money was received by the insurance company, reporting on this policy no, and it is listed as lost, but the company, before the occurrence of the insured event, filed a statement with the police that the form with this number was stolen, the victim will have to file a claim with the culprit.

You can check the authenticity of the policy right at the scene of the accident. Either through the PCA website, if the driver has a smartphone, or by calling the PCA or at least your insurance company.

Recall that you can check the authenticity of the policy at the scene of an accident using a smartphone.

Traffic police officers generally have no restrictions on such a check.

The most trustworthy car enthusiast with a long driving experience cannot vouch for the actions of other vehicle drivers. In any accident, there is always a perpetrator of the accident and the victims. The next stage of the proceedings to restore the car due to compensation for damage under OSAGO often brings additional stress. Invaluable assistance can be provided by an independent examination after an accident under OSAGO.

The expediency of an independent examination

The occurrence of a car accident in without fail fixed by calling the police and traffic police. The participants in the accident themselves also need to use personal means of photo or video recording in the event of a dispute between the insurer and the insured.

The culprit of the collision and the injured motorists are determined. Inspection of the scene of the incident is filmed, in turn, civil servants document the fact of the collision.

Further misadventures tend to continue. Based on the submitted documents, the insurance company calculates the amount of damage incurred as a result of the accident. Often, the insurer of the guilty party artificially underestimates the technical expertise of the vehicle. This is done with the help of an expert assessment of an employee from the insurance company who represents its interests.

On the basis of his testimony, a “damage assessment act” is drawn up for OSAGO, and subsequently a calculation is made for non-reimbursement of losses as a result of an accident. In most cases, this calculation does not correspond to real damage and is not able to fully cover it.

How to avoid such a situation and receive a payment under OSAGO in case of an accident real assessment? There are two ways:

Read the documents in the Claims Department carefully before signing them. Usually, an Act with an underestimated damage after an accident is signed “without looking”, but then a series of dissatisfaction on the part of the applicant follows. Therefore, in case of dissatisfaction with the amount payable, the applicant does not sign settlement form, requiring revision of breakdowns and recalculation. Either he signs the Act as a sign of familiarization with it, but adds the following entry: - "I do not agree (on) with the specified amount."

In the case of signing the Act on damage in case of an accident, but not considering the amount of compensation sufficient, we resort to the help of an independent expert. We do an independent examination and send it to the UK pre-trial claim according to OSAGO.

On a note! Turning to the settlement of losses, it is worthwhile to clarify in advance the issue of the possibility of providing an opinion of an independent appraiser. This will encourage the manager to take you more seriously.

How is an independent examination of OSAGO carried out?

The primary purpose of an external appraiser is to carefully examine the breakdowns that have occurred in the car as a result of a collision. Hidden damage and real damage to the car, not taken into account by a specialist from the company, is established upon re-inspection.

An unbiased approach to the case, not representing the interests of other organizations, helps to establish the true cause of the incident. It is found out whether they were received as a result of a collision or were available before the accident. The fact is that before the emergency condition of the vehicle is not covered by the insurer, but is deducted as depreciation. Re-determination of damage may exceed the previously set amount by several times, depending on the specific situation.

In addition to a thorough study of the causes of chips, cracks, dents, etc., the overall picture of a car accident is restored. The actions of the expert are not only aimed at external damage.

It turns out the speed of movement of all vehicles participating in the skirmish, their location after the strikes and other aspects. Therefore, when disputes arise about the guilt of the drivers and the innocence of the victims, the expert opinion is considered as the decisive stage of the case. If necessary, a specialist can declare the actual value of the car and the amount of damage in an accident.

The initiator of an independent examination of OSAGO is the injured participant. He orders and pays for it, as he is interested in a fair outcome of events.

As a result of repair work in the direction of the company, it makes no sense to contact an independent specialist.

Once a car has been refurbished, it is difficult to determine the original damage. The presence of hidden breakdowns involves opening and disassembling the components of the body. For these reasons, the car is sent to the service station (technical inspection station), having previously discussed the time of dispatch.

Unlike an independent examination, the service of a specialist from an insurance company is free. However, when the proceedings reach the court in case of an accident under OSAGO, a paid trace examination may be appointed to find out the true cause of the breakdowns. If the plaintiff is acquitted, all the costs of appraisal work and other services are withheld from the guilty party.

Package of documents and stages of implementation

Although the third-party appraiser is not an insurer, the third-party appraiser needs to provide the following documentation:

Title or certificate of registration.
Notice of accident (copy).
Decree on administrative offense(copy).
Certificate of traffic accident (copy).
Referral for examination on OSAGO from the UK, if there is an agreement.
Other forms that were issued at the scene of the collision (copies).

The sequence of expert evaluation of OSAGO after an accident will help to understand the transaction system:

In the case of pre-trial proceedings, the choice of a third-party appraiser is agreed with the insurance company.
For lawsuit an expert organization is selected or individual as a private entrepreneur.
The time and place of inspection of the vehicle is discussed.
An invitation is sent to the initiator of the incident and the rest of the participants in the event.
Wired in insurance organization about passing the inspection 5 days before the start of the process. The IC must send its representative to the appraisal organization.
The specialist inspects the car, asking some questions at his own discretion.
The expert draws up an Acceptance and Transfer Certificate in the prescribed form, based on updated data special programs to provide the most accurate calculations. Photo or video materials made by him personally are attached to the conclusion.
The amount of actual damage is calculated in the form of an estimate. Market prices are taken into account.

There are limited timeframes for post-accident investigations. A period of 3 working days is given for conducting an examination after an accident, drawing up an estimate along with reviewing the documentation.

An evaluation report is compiled and submitted to the customer. The report contains a detailed list of each individual damage (detail, spare parts), against which its actual cost in rubles is indicated.

Service price

The cost of the work of appraisers, both in the person of a private entrepreneur and legal organization depends on three components:

Region of the Russian Federation.
TC category.
The degree of damage.

For example, all vehicles are divided into 4 types: cars, trucks, SUVs and minibuses. The degree of breakdowns is divided as follows: light up to 60 thousand rubles, medium up to 150 thousand rubles. and heavy from 150 thousand rubles. Each organization of appraisers has individual prices, which are negotiated in advance.

The legislation does not allow them to overestimate the real damage to increase the payment for services. They are responsible for providing accurate information.

Auto insurers, if they suspect an overestimation of the degree of breakdowns, can file a claim with Judicial authority. Losses are compensated taking into account the depreciation of vehicles and ranges from 50% to 90% of the amount of real damage.

How is the payout calculated?

Receive insurance payment more than 400,000 rubles is not possible, since this is the maximum limit of liability of a car insurer for a car insurance policy. Expenses in excess of the calculated compensation under the maximum limit of the autocitizen policy are required from the initiator of the collision.

In the course of legal proceedings, when the insolvency of the perpetrator of the accident is clarified, the insurer may offer to pay for the missing funds for him. Then the UK will send him a recourse claim for the debt. Depending on the overpaid amount, the initiator of the trip returns the “borrowed” funds in the order of installment payments.

How not to become a victim of deception?

When SC compensates for losses single payment transferred to the client's personal account, then the car owner repairs the car on his own. Buys parts, installs them or finds a suitable auto repair shop and pays for the service.

Another thing is when a company sends a car for repair. To date, this "natural" cost recovery prevails. To avoid becoming a victim of fraud, strictly follow our recommendations.

When choosing a car repair shop, do not rush to conclusions. Check the reputation of each on the reviews on the Internet resource.
Focus on the Transfer and Acceptance Act, which lists all breakdowns and shortcomings point by point.
A similar list of parts to be restored should be reflected in the contract with the car service.
Upon completion of the repair, carefully check the replacement of all damaged sections according to the list of the contract.
Only after checking the car for repairs, sign the Vehicle Acceptance Certificate. If defects are found, do not sign the document, demanding high-quality restoration of vehicles.

Attention! Complaints about low-quality repairs are sent to the insurer's claims settlement. It is the SC that is responsible for the poor quality of the repair work.

With large losses in a car accident, ordering the service of a third-party specialist, you can save a lot!

An independent examination (hereinafter referred to as NE) is a forced procedure, which is resorted to by car owners who are dissatisfied with the amount of payment for OSAGO. Given that Insurance companies almost always underestimate the amount of compensation, NE, most often, leads to the payment of the cost of damage. According to the PCA, human rights activists and independent experts sued over 10 billion rubles in 2016.

It is important to understand that insurers and the expert technicians recommended by them operate within the framework of a contractual relationship, and their common goal is to reduce the amount of payment. And since the NE employees, acting in the interests of the car owner, seek to increase the amount, a conflict of interest arises. It got to the point that members of the Russian Union of Motor Insurers call independent structures fraudsters!

Conditions for the use of NE

The essence, goals and objectives of an independent examination are specified in Art. 12.1 federal law No. 40 dated April 25, 2002 "On compulsory insurance civil liability of vehicle owners. In particular, NE is carried out for an objective calculation of the cost of the damage received, and is carried out by uninterested specialists. In their work, they explore:

cost of materials, works and spare parts;
wear of components and parts;
average annual mileage of cars in the region;
increasing or decreasing regional coefficient;
the price of the remains in the event of the death of the vehicle.

The approach to NE between staff recommended by the SC and outsiders is fundamentally different. In the first case, the technicians deliberately underestimate the amount of the payment, since they save the money of the UK, in the second, they purposefully overestimate, since they act in the interests of the car owner. In spite of a large number of legal acts, there are many blank spots in the legislation.

What laws govern NE?

The procedure and methodology for conducting an independent examination after an accident is regulated by the following regulatory legal acts:

Federal Law No. 40 of April 25, 2002 “On Compulsory Insurance of Civil Liability of Vehicle Owners” (“On OSAGO”);
Regulation of the Bank of Russia No. 432-P "On a unified methodology for determining the amount of expenses for restoration repairs in relation to a damaged vehicle" dated September 19, 2014;
Regulation of the Bank of Russia No. 433-P "On the rules for conducting an independent technical examination of a vehicle" dated September 19, 2014;
Order of the Ministry of Transport of Russia No. 277 "On approval of the requirements for expert technicians who carry out an independent technical examination of vehicles, including the requirements for their professional certification, the grounds for its cancellation" dated September 22, 2016.

When you need NE after an accident under OSAGO

It is believed that an independent examination is used only to determine the cost of damage in order to calculate the amount of payment. However, specialists who have at their disposal the methodology of trace, dynamic, ballistic studies are often involved in preparing an opinion in court, the Russian Union of Motor Insurers, in the framework of civil proceedings.

If there is no agreement between the participants in the accident about the circumstances of the accident, and each voices a version of innocence (stood, moved according to the rules, did not exceed speed), the specialist will establish the real culprit. Consideration will be given to the size of the damage, its depth, paint and soil residues from another vehicle, the possibility of damage at a particular speed and direction of movement. In this case, the expert will give an opinion on:

driving dynamics of both vehicles;
direction of travel at the time of the accident;
the degree of guilt of each participant in the accident;
the possibility of avoiding an accident;
hidden injuries and their severity.

In Yekaterinburg, one of the scandalous human rights activists, who allowed a collision with a vehicle in front, filed a lawsuit against its driver. The innocent was charged with violating clause 8 of the “Basic Provisions for the Admission of Vehicles for Operation and the Duty officials for Road Traffic Safety”, concerning the sign “Spikes”. An independent examination carried out in parallel showed that if there had been a Velcro (with a longer braking distance) on the front car, the accident could have been avoided.

It should be noted that the inspection of a damaged vehicle, photographing and video filming is only part of the work of an independent expert. His the main task and the goal is to prepare documents that will objectively reflect the cost of repairing and bringing the car to its original form. For these purposes, the specialist will contact open information on:

the value of the car at the time of the accident;
the price of parts with or without wear;
the volume and level of work to restore the car;
the cost of average parts in your area.

The result of the examination is the specifics of how much money needs to be spent on restoring the vehicle, or, if it has died constructively, it can be bailed out for the leftovers. This is especially important when the car is very rare in the current latitudes, and ordering spare parts from abroad is associated with serious time and financial costs.

If, say, a very rare car that is not in Russia gets into an accident, the insurance company will try to pay an amount comparable to other models of the same brand. The fact that the price of exclusive spare parts is dozens of times higher than the available modifications is unlikely to interest the UK. An independent representative can help at least by being able to find the real value of the item, no matter where it is sold - in the USA, Japan or Europe.

Requirements for expert technicians

Here is a list of the main requirements that apply to independent experts:

passing regular certification of the MAK of the Ministry of Transport of the Russian Federation;
knowledge of methods, requirements and other legislative acts;
carrying out all actions related to the examination - inspection, fixing, reporting;
specialized higher education and additional professional education;
mandatory inclusion in the state register.

Based on the foregoing, a specialist must not only have a specialized education, but also pass certification. This confirms his professionalism, relevance and adequacy of the calculations. Turning to any NE and getting acquainted with “your” master, you should definitely check the information about him on the website of the state register. Otherwise, the results of his examination may be considered null and void.

Contract for an independent examination

When drawing up a contract for conducting an NE, the specialist must provide the following information:

vehicle documents;
documents confirming the rights to the vehicle;
materials related to the accident;
damage calculation act issued by the IC;
who insured event issued by the UK.

Note! The entire procedure is carried out within the framework of the Regulations of the Central Bank of the Russian Federation "On the rules for conducting an independent technical examination of a vehicle", which establishes very strict requirements. In particular, both the applicant and the UK are required to be notified by a letter of the event, indicating the date and time. In addition, the person conducting the NE has the right to request explanations and information from the parties.

When ordering an independent examination, it is extremely important to attend it yourself and try to involve the culprit of the accident and the representative of the UK. Since the results are sealed with a blue seal, stitched and signed by all parties, both the presence and absence of an IC employee is an agreement with the results of the study.

The contract for the provision of services indicates the place and time of the examination, serial number, the basis for carrying out (including the details of the calculation reports and the insured event), the characteristics of the vehicle, a description of the accident and the conditions that contributed to it, the identities of the participants, the company that sold the "car insurance" and the cost of the service.

Steps of an independent examination on OSAGO

Conducting an independent examination by a technician consists of the following steps:

inspection of damaged elements;
photo and video recording with a description;
preparation of cost estimates for restoration repairs;
writing an expert opinion on the conducted NE;
preparation of other related documents.

In the above list, it is worth paying attention to the phrase "other related documents". The fact is that the UK, trying to challenge the results, require an act of an independent examination and calculation. However, the above Regulation of the Central Bank of the Russian Federation clearly stipulates: based on the results of the NE, only an expert opinion is prepared that fully describes the process in the form of a “question-answer”!

Since the norm of the pre-trial procedure for resolving a dispute has been introduced into the legislation, immediately after receiving all the documents from the expert organization, you must contact the company with a request for additional payment. If, within 20 days of receiving the application, she refuses the refund, you can sue in civil proceedings.