Independent examination after an accident under compulsory motor insurance. Insurance helmet Visual authentication

Disputes with the insurance company when an insured event occurs are common. Every car owner can save himself from unnecessary discussions by ordering an independent examination of his vehicle after an accident. In this article we will look in detail at what an independent examination is, what it provides, and what procedure should be followed when conducting it.

○ Independent examination of compulsory motor liability insurance after an accident.

The essence of this type of examination is that the vehicle is inspected after an accident by an independent person who has no relation to either the insurance company or the victim.

Its role is performed by specialized companies. To eliminate the option of putting pressure on an expert, it is important to choose one yourself, without relying on the insurer’s proposals.

The conduct of independent examination is regulated

Federal Law “On Compulsory Insurance...” dated February 25, 2002 No. 40-FZ (hereinafter No. 40-FZ).

“In order to establish the circumstances of damage to the vehicle, establish damage to the vehicle and their causes, technology, methods and cost of its restoration, an independent technical examination is carried out.
An independent technical examination is carried out according to the rules approved by the Bank of Russia...” (Clause 1-2 of Article 12.1 No. 40-FZ).

Regulations of the Central Bank of the Russian Federation “On the rules for conducting an independent technical examination of a vehicle” dated September 19, 2014 No. 433-P (hereinafter No. 433-P)

✔ The difference between auto examination and independent examination.

Insurance companies work with experts who reduce the cost of repairs as much as possible, resulting in insurance payments not covering the restoration work. Therefore, it is very important to carefully choose an independent expert who will analyze the situation as honestly as possible.

If insurance companies calculate the cost of repairs at intermediary service stations (where it will be clearly underestimated) and determine the cost of parts to be replaced at the minimum price, then an independent examination:

Makes calculations based on the cost of branded parts.
Determines the cost of repairs by comparing several service stations.
If the age of the vehicle exceeds 5 years, the amount of depreciation is deducted (the maximum market value is taken).
The price of the vehicle in undamaged condition is calculated.
If the vehicle cannot be restored, the expert will calculate the undamaged parts. To do this, it is necessary that the wear and tear of the vehicle does not exceed 60%, and the age is 15 years for foreign cars and 7 years for domestic cars.

✔ When expertise is used.

Although traffic accidents are the most common use of expertise, it is needed not only when an accident actually occurs. Expertise is used in various situations related to transport:

When committing an act of vandalism - if someone breaks the windows, scratches the paint or causes other damage to the car, the examination will become the basis for making a claim for payment for repairs if the attackers are caught.
Technical non-compliance – if during the operation of the vehicle defects are revealed that the seller did not warn about.

At the same time, you can get an answer from an expert to such controversial questions as:

The actual amount of material damage.
Presence of hidden damage.
The impact of an accident on the real value of a vehicle.
Correct calculation of insurance payments.

✔ The essence, purpose and objectives of independent examination.

The essence of an independent examination is an objective assessment of a damaged car and calculation of the real cost of restoration work.

The purpose of this type of check is to protect the rights of the car owner.

Thus, an independent examination solves the problem of resolving controversial issues that arise between a participant in an accident and an insurance company.

Considering that only an innocent participant in an accident can receive compensation payments, contacting an independent expert can also solve such a problem as analyzing the scene of the accident and weather conditions.

✔ Requirements for experts.

An expert is a highly qualified specialist with special knowledge in a certain field.

“The requirements for expert technicians, including the requirements for their professional certification, the grounds for its cancellation, the procedure for maintaining the state register of expert technicians are established by the federal executive body authorized by the Government of the Russian Federation...” (Part 4 of Article 12.1 No. 40- Federal Law).

Thus, the independent expert must be:

Competent – able to resolve issues on the required analysis.
Experienced - have a certain length of experience in the relevant work, which determines the level of his qualifications.

○ Rules for conducting the examination.

In accordance with No. 433-P, the following rules are established:

The role of the object of independent examination is assigned to:

vehicle or the remains of the victim’s vehicle.
Other vehicles involved in the accident.
Other objects involved in an accident, the analysis of which is necessary to identify the circumstances of damage to the vehicle.

The basis for the examination are:

Documents for the car.
Certificates about road accidents submitted to the insurance company.
Availability of a valid expert agreement between the victim and an independent expert.

The examination is carried out by an expert technician.
If the injured party disagrees with the conclusions of the expert technician, a repeat analysis is carried out by another independent expert technician on the same grounds.
During the analysis, the expert has the right to request additional information regarding the facts of the accident from the victim, as well as to involve other experts in the procedure;
The expert's responsibilities include:

Warning that analysis cannot be carried out if circumstances arise that prevent inspection.
Ensure the safety of documentation.
Do not disclose confidential information obtained during the analysis.

When a re-examination is ordered, its payment is made by the initiator. In this case, the expert technician must be notified of the initial analysis, and the victim - of the place and time of the examination in writing;
The result of the examination is an expert opinion, which includes all information about the policyholder, the vehicle, damage, the need for restoration work and their amount.
Conclusions are drawn up in the form of answers to the questions posed.
The expert opinion is signed by the expert technician who performed the inspection procedure. If this is an expert organization, the document is additionally approved by the head.

○ Rights of the victim during the examination

If you have been involved in an accident through no fault of your own, it is worth knowing what rights you have and what you can achieve by resorting to an independent assessment. This:

Compensation for the difference if the insurer has paid an insufficient amount of insurance.
Refund of funds spent on expert analysis.
When using the services of a lawyer - reimbursement of costs.
Additional compensation – through penalties against the insurance company.

○ Cost of independent examination.

If an independent examination is ordered by an insurance company, it pays for it. If the customer is the policyholder, he bears the costs himself. It should be borne in mind that he has the right to demand compensation for this amount from the insurance company.

The cost of an independent examination is not fixed. It depends on factors such as:

The region in which the service is provided.
Expert qualifications and experience.
The degree of damage to the vehicle.
Scope of assigned tasks.

Also, the cost of the service is influenced by the country of the vehicle manufacturer; the most expensive is the examination of American cars.

○ Conducting an independent examination.

In accordance with No. 433-P, an examination is possible on the basis of a concluded agreement, where one of the parties is an expert company or expert, and the other is the insurer or the victim.

Analysis services are paid for by the customer.

✔ Agreement for an independent examination.

This agreement is concluded according to the general rules for concluding a contract on the basis of Art. 432 of the Civil Code of the Russian Federation.

“An agreement is considered concluded if an agreement is reached between the parties, in the form required in appropriate cases, on all the essential terms of the agreement.
Essential are the conditions regarding the subject of the contract, the conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached...” (p. 1, Article 432 of the Civil Code of the Russian Federation).

To receive independent examination services, you must provide copies of:

Vehicle registration certificates.
Insurance policy.
Customer's passports.

It is also advisable to attach a package of documents that was sent to the insurance company:

Accident notification.
Protocol on administrative violation.
Car inspection report by an expert from the insurance company.

The problem really exists, and in our practice we have already encountered situations several times when a victim in an accident had an invalid MTPL policy and the insurance company refused to pay on this basis. Such cases are ambiguous and quite difficult to conduct.

In what cases is the policy invalid?

If there are two policies with the same numbers. Everything in this policy is real, except that there are two of them and such policies are often sold in different cities of Russia. If changes have been made to the MTPL policy, for example, the start or end date of the policy has been adjusted.
If the policy was sold a second time after the original expired. Some scammers sell already used MTPL policies in other regions as new.
If the policy is printed on an invalid form.

The beginning of the story: fake MTPL

Here is one example from our practice of how scammers can act. We were contacted by a man who purchased an MTPL policy from an insurance broker. The insurance company refused to pay him after the accident.

We started to look into it, and it turned out that the form on which the insurance policy was printed was used by the insurance company only for issuing powers of attorney. In addition, the insurance company had not accepted the type of vehicle the man had for quite some time.

Going to court under an invalid MTPL policy

We filed a lawsuit on behalf of our client. The court ordered an independent examination, the results of which showed that the seal on the document differed from the seal of the insurance company.

In this case, the insurance company refused to provide complete information about all the seals it had. This allowed us to prove that, although the seal on our client’s contract does not correspond to the main seal of the insurance company, it cannot be 100% asserted that this seal does not belong to it. Thanks to this, we were able to prove in court that the presence or absence of a seal on the contract is not a basis for refusal to pay insurance compensation.

Regarding the incorrect insurance policy form, the court decided that in this case there was a technical error. Since the form, although it was not correct, still belonged to this insurance company.

The client received insurance compensation

In this particular case, despite all the difficulties, we managed to obtain compensation for our client. Each case involving an invalid MTPL policy is considered separately and the process can take quite a long time, so we strongly recommend purchasing MTPL policies from reliable sellers.

Often counterfeit MTPL policies are sold much cheaper than the original ones. Don't try to save money this way, as you risk losing much more. And be careful on the roads!

In most cases, an independent examination of car damage after an accident, performed by insurance companies or contracted OSAGO experts, was carried out with some violations. As a result, the amount of damage to your car may be greatly underestimated. Unfortunately, this is a problem with most insurers.

Our company specializes in assessing damage, the cost of restoration repairs, as well as calculating the loss of marketable value of a vehicle, which we also recommend calculating when contacting an insurance company.

The work is carried out by expert technicians registered in the register of the Ministry of Justice of the Russian Federation, who have the necessary training, using certified software and in accordance with all standards for assessing vehicles within the framework of compulsory motor liability insurance, including the requirements of the Unified Methodology of the Bank of Russia for assessing damage under compulsory motor liability insurance. This allows us to guarantee the recognition of our expert opinions in the RCA and judicial authorities.

Note. If the insurance company is deprived of its license for compulsory motor liability insurance or goes bankrupt, then the insurance compensation will be paid by the RSA (Russian Union of Auto Insurers) or the insurance company appointed by it. More details on this page.

Documents for independent examination

You need to provide:

Customer's passport
Power of attorney for the right to dispose of a vehicle
Documents for the car - vehicle registration certificate or vehicle passport
Notification of an accident (if the accident was not registered with the traffic police)
Certificate of accident indicating damage (if issued)

Carrying out an examination of vehicle damage

To conduct an examination, you need to inspect the car and record all damage related to the accident. To do this you need:

Decide on the inspection location . This could be a site near our office at Serpukhovskaya metro station, any service organization (service station) or any parking lot / site convenient for you. If the inspection is not carried out in our office, then an additional fee will be paid for an expert to come for the inspection. If the damage is significant, we recommend that the inspection be carried out at a service station with partial disassembly/defect detection. This will allow you to take into account everything, including hidden defects.
Agree on the date and time of the inspection . We can inspect the car during business hours. If the inspection is on the street, then the vehicle can be inspected only during daylight hours.
Conduct an inspection car damage with the assistance of an independent expert.
Get a ready-made expert opinion regarding damage to your car within 1-3 days from the date of receipt of a complete set of documents and inspection of the vehicle.
Submit documents to the insurance company . As a rule, applications for payment/additional payment are processed within 1-3 weeks. In most cases, insurance companies pay extra according to our conclusions quickly and without trial.

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

The Supreme Court clarified in what cases, if a car insurance policy turns out to be fake, the insurer must still pay for the damage.

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

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

As a result, it turns out that the car owner purchased insurance that the insurance company has no intention of providing to him. The form is fake. Or copied. Or hidden from the audit in time.

Moreover, in this situation it is not the culprit of the accident who suffers, 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, we have to look for the culprit and his address in order to file a claim.

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

And this is where some pretty big problems arise. Where to find the culprit of the accident? Where can I find his address and where to send demands for payment? After all, the victim of an accident only has a form of a fake policy in his hands.

There is compulsory motor liability insurance, but it is illegal. What should a driver who has been injured do?

The Supreme Court has dealt with similar situations. And he gave clear recommendations. Explained when the insurer is obliged to compensate for damage, even if the person at fault has a fake policy.

Moreover, the decision of the Supreme Court clearly defines what is considered a counterfeit and what is considered dishonest work by the insurer.

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

But there are agents, brokers, and there are also completely unknown sales points for automobile citizenship near the registration departments of the traffic police.

Nobody knows what they will sell you as a compulsory motor liability insurance contract and the corresponding policy in these places. Therefore, you need to be careful about the documents. There are many ways to check the authenticity of a policy. For example, go to the website of the Russian Union of Insurers and find out which company this form was sent to.

After paying the money and concluding the contract, after some time you can find out whether this policy was sold and to whom, for which car.

But few people think of organizing such a check. The happiness from purchasing a car is off the charts. As a result, car owners are faced with the fact that a minor accident through no fault of theirs turns into a long-term headache.

The insurer will not always return money for a damaged car. But he will be obliged if the policy was not put on the wanted list. Photo: Photoxpress

Two drivers did not share the road in the North-West region of Russia. On November 21, 2014, the driver Versalov crashed into a car driven by the driver Bozhedarov. Both cars were damaged. Versalov was found to be the culprit in the accident. The cost of restoring Bozhedarov’s car was just under 60 thousand rubles.

According to the current rules, Bozhedarov turned to his insurance company for compensation for the damage.

After all, only two cars were damaged, both participants were insured under MTPL, there were no injuries.

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 the same number was sold in the Far Eastern region and belongs to another person with a different car.

Bozhedarov filed a claim for damages against Versalov himself. However, he was not lucky here either. The court of first instance did not recognize the validity of his claims.

However, the appellate instance on Versalov's complaint 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 may be counterfeit. The seal imprint bears a Taxpayer Identification Number (TIN), which has nothing to do with the insurance company.

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

Nevertheless, the court considered that Versalov was not required to know all the intricacies of the MTPL forms. He bought the policy, which means the insurance company took responsibility. It seemed like a dead end.

Unauthorized use of forms does not exempt the company from fulfilling the contract

However, Bozhedarov reached the Supreme Court, which turned out to have its own opinion on this matter. The Supreme Court decided that the appeal court was wrong. The MTPL policy is issued on a strict reporting form. These forms are sold to the insurance company, which distributes them to its agents and is responsible for them. If the form is not sold, 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 contacted the police with a statement about the theft of this policy before the insured event occurred.

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

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

If the culprit of the accident has a fake MTPL policy, contacting the insurer is useless. It is better to contact the police and then sue the culprit in court.

If the policy form is genuine, but the company did not sell it, the company must pay damages to the victim. Namely, we mean the following situation. If the form is genuine - that is, it was produced by Goznak for a specific insurance company and sold by any of the insurance agents or brokers, and no money was received by the insurance company, there is no reporting on this policy, and it is listed as lost, but the company before 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 against the culprit.

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

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

Traffic police officers have no restrictions on such checks at all.

Accidents occur on the roads every day. It would seem that the MTPL agreement provides for a good payment. However, in reality there is not enough money to pay for repairs. Let's consider why an independent examination is necessary after an accident under compulsory motor liability insurance, how it happens and how much you should pay.

What is an independent examination after an accident under compulsory motor liability insurance?

After an insured event occurs, one of the parties (usually the victim) is obliged to call the traffic police and record the accident. After this, you should contact the office of the insurance company and submit an application to register the insurance event.

If, based on the results of the payment, the injured party is not satisfied with the amount of compensation, then they should seek help from an independent expert.

An independent assessment (IE) is a procedure for assessing damage by independent experts who do not act in the interests of the insurance company or the car owner. As a result of the examination, an official document is drawn up, which states what damage is present on the vehicle and how much the repair work will cost.

When is an independent examination needed?

It should immediately be noted that not all drivers who are involved in an accident need an examination. Let's take a closer look at when car enthusiasts turn to an expert for help.

Refusal to pay

If the insurance company refuses to pay compensation, then each victim can go to court. In addition to the claims, you will need to provide an official document that will reflect the amount of damage. To obtain this document, you must contact the independent examination office and provide the car for inspection.

The amount is underestimated

In practice, many insurance organizations underestimate the amount of payment. In this case, the car owner also needs to contact the office of an independent expert, then file a pre-trial claim and request an additional payment from the insurer. If the insurance company refuses, you should go to court with a full package of documents.

The culprit does not have compulsory motor insurance

Unfortunately, often the guilty party does not have a valid OSAGO form, and he refuses to voluntarily compensate for expenses. In this case, it will be necessary to go to court. You must have personal documents, a claim and an independent assessment report on compulsory motor liability insurance with you.

Conditions for the use of independent expertise

As for the goals and objectives of the independent examination, they are clearly stated in Article 12.1, in 40 of the Federal Law of April 25, 2002. Having studied it, it will become clear that the vehicle inspection is carried out solely for an objective assessment of the damage received as a result of an accident. As for the inspection, it must be done by a disinterested authorized person.

As for the examination, attention is paid to:

the cost of spare parts that were damaged;
the presence of hidden damage and its cost;
payment for repair work;
average annual vehicle mileage;
the price of usable remains if the car cannot be restored.

Important! In practice, the final assessment differs between that made by an expert referred by the insurer and one chosen at will. In the first case, specialists will deliberately reduce the payment amount, since they often work in the interests of financial companies. In the second case, experts are on the side of the car enthusiast and make an objective assessment.

Requirements for experts

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

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

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

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

What laws govern

It is important to note that these organizations are required to work in accordance with the requirements adopted at the legislative level. Currently, there are 4 basic laws in force in the Russian Federation:

Sample contract and features

It should be noted right away that before providing a car and paying for the services of an expert, draw up an agreement. To draw up a document you must present:

passport of the customer, although this does not have to be the owner;
documents for the car: PTS or STS.

Additionally, you can present a certificate provided by the insurance company.

Features of conducting an independent examination in case of an accident under the MTPL policy:

the customer must be present during the inspection and, if necessary, ask all questions;
Based on the results of the inspection, an official conclusion is issued, certified by signature and seal;
The contract must specify the date and place of the inspection.

How does an independent examination take place step by step?

The procedure for assessing compulsory motor liability insurance after an accident is simple and includes several main stages.

Rules for conducting an independent examination of a car after an accident:

Choosing a company. When making a choice, you should pay attention to the availability of a license and cost. Timing also plays an important role. In practice, companies make an assessment from 3 to 7 days, since in addition to visual damage there may be hidden ones.
Visit to an expert and provision of necessary documents. At this stage, an agreement is concluded and consultations are held on all issues.
Providing a vehicle for inspection. It is important to consider that you must provide a clean car.
Cost calculation. This is the most important part of conducting an independent examination of a car, as a result of which a report is drawn up. The document records the damage and the cost of repair work.
Determining the degree of wear. As with a forensic examination under compulsory motor liability insurance, after the inspection the percentage of wear of the vehicle and its parts is determined. This requirement is enshrined at the legislative level.
Calculation of UTS. Next, the authorized employee determines the amount of loss of commodity value.
If the machine cannot be restored, then the percentage of usable residues is additionally calculated.
Based on the results of the inspection, the car is handed over to the owner with documents. In addition to the car, the owner receives acts and an agreement, which indicates the results of an independent examination of the car after the accident.

Important! Based on the results of the inspection, a report is drawn up, both on paper and in electronic form. As for the second, within the framework of the law it must be stored for at least 3 years, and provided upon request to the customer or traffic police or court employees.

Where to order NE

As for choosing an appraiser, this issue should be addressed extremely responsibly. Don't rush and contact the first person you meet.

Where to order NE:

by phone;
Online.

If necessary, you can ask a consultant a question on our portal, and he will promptly tell you where you can get assessed in your region.

Approximate cost of accidents after an accident under compulsory motor liability insurance

Before contacting an expert, all car enthusiasts check the cost of services. It is no secret that they may vary slightly in different companies. The cost is also affected by:

region;
nature of damage;
Availability of additional services (on-site visits).

Approximate prices for services:

Moscow from 3,000 to 15,000 rubles;
Moscow region from 2,500 to 12,000 rubles;
St. Petersburg from 2,500 to 13,000 rubles;
Leningrad region from 2,000 to 6,000 rubles;
Perm from 1,500 to 5,000 rubles;
Kazan from 1,000 to 5,500 rubles;
Omsk from 1,000 to 5,000 rubles;
Saratov from 1,500 to 6,000 rubles;
Krasnodar from 2,000 to 8,000 rubles;
Volgograd from 1,500 to 7,000 rubles.

It turns out that each region has its own pricing policy, which is often determined personally for each client.

To summarize, we can say that not all drivers who are involved in an emergency need a professional assessment. Expert help will be required for those who received a refusal or a lesser amount. Only if you have an official document can you go to court to assert the rights of the motorist.

How did you choose the company?
how much did you have to pay?
how long the entire verification procedure took;
were you satisfied with the results of the inspection;
was it possible to collect funds and repair the car?

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Additionally, we offer all drivers the assistance of an experienced expert who provides real-time answers to any questions. Also, through us you can order an independent examination of compulsory motor liability insurance in case of an accident. Just fill out the online consultant form in the corner of the screen.

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