Independent autoexpertiza before the procedure for OSAGO. Independent Expertise on CTP

, payments on OSAGO, reimbursement of the damage to the CTP, payments on the CTP at an accident, loss of commodity cost, damage estimate after an accident, appraisers

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Lawyer, Moscow

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Good day.

From rules mandatory insurance Autocarnate liability is excluded the norm that allowed insurers to reduce payments for repairing a car for the amount of depreciation. The Supreme Court rejected the relevant cassation complaint of the Government of the Russian Federation, thereby actually obligatory to rewrite the OSAGO rules.

According to the CCAMA and the Regulations on the CTP, you are entitled to conduct an independent damage assessment, i.e. In an appraisal company that you choose. The cost of such a service is obliged to refund the insurer.
In disagreement of the insurer, pay the amount of damage determined by an independent appraiser, then it is necessary to contact the court.
The loss of commodity cost can be asked to include, I think it will not refuse independent appraisers. In this case, the TCB is not depreciation.

Specifically, in your situation, you have the right to present the market value of the vehicle to court for an accident day and make a claim for compensation or an insurance company or directly culprit accident In accordance with Article 1064 civil Code Speaking that: harm caused by the person or property of a citizen, as well as harm caused by property legal entitysubject to compensation in full The face caused harm.
The law of the responsibility of harm compensation may be assigned to a person who is not harmful.
The law or the contract may be established the duty of the damage to pay the victims of compensation over the compensation of harm.

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Lawyer, Kaliningrad

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Hello Vladislav! Your situation must be considered in accordance with the law on the CCAMP and the norms of the Civil Code of the Civil Code (HL.59). In particular:

2.1. The amount of damages to be reimbursed in causing harm to the victim's property is determined:

a) in the case of the complete death of the property of the victim - in the amount of the actual value of the property on the day of the offensive insurance case. Under complete death, there are cases if the repair of damaged property is impossible either the cost of repairing damaged property is equal to its value or exceeds its value on the date of occurrence of the insured event;

b) in the event of damage to the property of the victim - in the amount of the costs needed to bring the property to the state in which it was located until the insured event occurred.

(p. 2.1 introduced by federal law of 01.12.2007 N 306-FZ)

2.2. To those specified in paragraph 2.1 of this article, expenses also include the costs of materials and spare parts necessary for restoration repair, costs of paying for work related to such repairs. The amount of consumption of materials and spare parts is determined taking into account the wear of components (parts, nodes and units) to be replaced during replacement repair, in the manner prescribed by the government Russian Federation. At the same time, the specified components (parts, nodes and aggregates) can not be accrued to excess of 80 percent of their cost.

(p. 2.2 introduced by federal law of 01.12.2007 N 306-FZ, as amended by Federal Law of 01.02.2010 N 3-FZ)

Since in your case, the property must be recognized completely dead (only independent autoexpert can be done about this), respectively, the amount of payment should be at least the valid value of the property at the time of the insurance event, which in accordance with the Evaluation Act (ST .7 FZ dated 29.07.98 No. 135-FZ) said that the market value should be understood under valid costs. This applies to the assessment - the same assessment law does not allow insurers to engage in this activity, which means that the definition of damage is the task of independent autoexpert . In the law on OSAGO, this is written as follows:

4. If after the insurer inspection of damaged property, the insurer and the victim did not reach the consent of the amount of insurance payment, the insurer must organize an independent examination (assessment), and the victim is to provide damaged property for independent examination (evaluation).

If the insurer did not inspect damaged property and (or) did not organize its independent examination (evaluation) in the period established by paragraph 3 of this article, the victim is entitled to apply independently for such an examination (assessment) without presenting damaged property to inspection insurer.

(p. 4 as amended by Federal Law of 01.12.2007 N 306-FZ)

5. The cost of independent examination (estimates), on the basis of which was produced insurance paymentis included in the losses to be reimbursed by the insurer under the obligatory insurance contract.

Of all the above, the Council said: 1) Find out who in accordance with what documents confirming the qualifications and competence made an assessment of the damage of your vehicle.2) in your hands there should be a copy certified by the insurer if the examination was carried out towards the insurer.3 ) The expert could have set the task: to determine the balance suitable for the implementation, then from the actual value the insurer has the right to subtract this amount, since in accordance with Article 1064 of the Civil Code of the Russian Federation, the harm must be reimbursed in full, i.e. You must return the cost of property at the time before the onset of harm, while there is something suitable for the implementation of the remnants - their value should be deemed from the actual value (which in itself is quite fair, you should not enriched for someone else's account). At the same time, you are entitled to recover from the injury of harm both missed benefits and moral damage, but they must be proved. As for the loss of commodity value, then for vehicle For more than three years to prove the loss of commodity cost, in my opinion, is problematic. Formulate the claim based on the norms of the law and try to negotiate peacefully with the insurance company. If there is no way - a direct road to court. The claim will not be a claim.

For motorists it is no secret that compensation caused by the insurance company caused by the accident damage is usually underestimated. It is not enough to carry out the restoration repair of a damaged car.

In order to correct this situation, the car owners independently conduct an independent examination in order to be confident that assessing the size of the material damage was carried out objectively. But many are interested in who should pay such a study. We comprehensively explore this issue.

Under independent expertise, they understand the extensive experts of a comprehensive study of the vehicle damage, which visited the road accident, as well as the estimation of the amount of material damage caused during the collision.

An independent examination should be carried out by experts who are not only not employees of the insurance company, but also do not have contractual relationships with it. Order Independent Examination can, as participants in the road accident, so insurance companies.

Most often, the driver of an independent study is the driver, whose car suffered with a car accident.

Initiating an independent study, the motorist puts the following tasks before experts:

• to conduct an objective assessment caused by accidents harm;
• identify possible hidden damage and deformations that could be obtained by car as a result of a collision;
• calculate the objective amount of compensation for the complete restoration repair of the machine after a car accident;
• confirm the results of expert assessments already conducted.

Thus, carrying out an independent examination, gives answers to numerous questions from the road traffic accident. But all of them, ultimately, are aimed at determining the real amount of money, which will be needed to restore damaged cars. After all, if when calculating does not take into account hidden damage, the amount clearly will not cover the repair.

How do research?

An independent examination is carried out by adhering to the procedure for the production of expert research of the car, which visited an accident approved by the Regulation of the Central Bank of the Russian Federation of 19.08.2014 No. 433-p.

This order is provided that independently of the complexity of the study, it is carried out at the following steps:

1. Consultation to the potential customer by phone.
2. Conclusion of a contract between the customer and the expert company and the payment of the service.
3. Determining the place and time of inspection of damaged when Car accidentmobile.
4. Organization of arrival at the place of inspection of all interested parties.
5. Procedure for inspection of the machine with mandatory photographing of all damage.
6. Registration of the act of inspection of the vehicle.
7. Calculation of the amount of compensation payments based on the act of inspection of the machine.
8. Registration of an independent examination report and transfer to its customer.

The customer transmits a copy of the report to the insurer. If everything was performed, stabled with law OSAGO, the procedure for inspecting a damaged car, the insurance company is obliged to accept the results of an independent examination.

What does the cost of the study depend on?

Motorists need to know that there is no one for all tariff cost an independent expertise of a car damaged at an accident. Specialists of the expert company in each case individually establish how much the order ordered will cost.

The cost of independent examination is influenced by the following factors:

• region of the country in which research is carried out;
• view of the car (passenger, cargo, minibus, SUV, bus);
• the severity of damage caused (light, medium, heavy);
• characteristics of the machine (brand Tc, year of manufacture, car class, cost).

The highest price of independent examination in the central region of the country.

If you analyze the cost of the study a passenger carDepending on the severity of the damage gained, which is carried out in the central region, the following price scale will be obtained:

• easy degree (damage caused in the amount of 30-60 thousand rubles) The cost of expertise is about 2.5 thousand rubles;
• average degree (damage in the amount of 60-150 thousand rubles) - 4 thousand rubles;
• a severe degree (damage exceeds 150 thousand rubles) - 5 thousand rubles.

Specialists of expert companies, when calculating the cost of research, always take into account the brand and class of the car, the year of its release and must be the cost. Agree that new expensive car famous manufacturer Wrapped with electronics. To conduct an examination of such a car, not only modern equipment, as well as a high-class specialist, will be needed.

Who pays an independent study?

An independent examination always pays the customer.

This approach is determined by the position that at first a motorist emerges disagreement with the size of compensation payments. But it is impossible to demand the insurer to pay more money based on doubts only. You need to have a documentary confirmation. It is, such a confirmation will be an independent examination report.

The driver-customer research may in its doubt make a mistake. In this case, the results of independent examination will confirm the damage assessment performed by an expert working at the insurance company. Therefore, it is impossible in advance, only on the basis of suspicion, to force insurance company Do additional spending on research.

Thus, initially an independent examination pays the Customer, who, as a rule, acts as a driver's victim. After the motorist receives an independent examination in his hands, confirming the incredible amount of damage compensation, he will be able to recover the cost of research from the insurer.

How to reimburse the cost of independent examination?

Many car enthusiasts are interested in how the value of the value of an independent expertise on the OSAGO occurs. The driver orders an independent examination mainly in order to challenge the amount of compensation payments received from the insurer for restoration repair damaged at the vehicle's road accident.

In many publications, drivers are advised after receiving an independent expertise on the hands of the report to prepare a statement of claim for recovery from the insurance company the missing amount of money for car repair. It should be known that from the first of September 2014, amendments to the CTP, which relate to the procedure for the surcharge of insurance payments.

According to, a number of articles of the Federal Law "On OSAGO" settle the issue between the victim by the motorist and the insurance company about paying compensation for the damage caused, as a result of an accident, only with mandatory use Pre-trial order settlement dispute.

Without a pre-trial settlement of the question, the court will refuse to accept the statement of claim. Therefore, the victim DTP driverAfter the expert company gives him an independent examination report, should make a copy from it and attach to a pre-trial claim. The pre-trial is a document in which the car owner requires an insurance company to pay the missing amount of payments to recovery.

A car enthusiast can personally attribute a pre-trial claim to the insurance company or send it to a registered letter with a receipt notice. The law provides that employees of the insurance company must have to consider it for five working days after entering them and make a decision on it.

The insurer may decide to satisfy the driver's demands and then they will be listed on the account of money. Also, it may be decided to refuse payments. With the second decision, the insurer should direct the owner of a damaged car written refusal.

If the owner of the vehicle for five working days does not receive compensation payments from the insurance company of compensation payments to the restoration repair of a car damaged during an accident or a response with refusal to satisfy the pre-trial claim, he has the right to apply to the court's statement.

How is the date of receipt of the claim to the insurer calculated?

In the event that the car enthusiast personally took the pre-trial claim to the office of the insurance company and registered it with an employee of the office, then the number of registration is considered to be the date of submission of the document. Only, to confirm the fact of pre-trial regulation of the dispute in court, the driver needs to take a copy of the claim on which the office employee must put the seal, the number and date of registration, its name and the position.

If a professional complaint was sent to the insurance company with a custom letter, the date of receipt of the document will be the date that will be indicated on the postmark manager. A motorist to appeal to court need a copy of the claim and the notice sent by mail confirming that the insurer received a letter.

You brought conclusion from the appraiser to form payments on the OSAGO, did you unfold, referring to the fact that the examination was made by an incompetent specialist? Money for services are spent, and the effect is zero. Who will give the right conclusion?

According to the Decree of the Government of the Russian Federation dated 04.24.2003 "On the organization of independent technical expertise Vehicles, "to conduct an examination and issuing the appropriate conclusion for payments on the OSAGO can only technicians can. The requirements for a specialist are listed here: an expert technician is recognized individualhaving an appropriate education that has passed the certification and included in the State Register.

Despite the fact that the decision immediately entered into force, the following nine years expertise could be carried out at any appraiser. And it concerned the determination of damage throughout the auto insurance. Everyone's eyes were closed to the inconsistency of the law and reality: both car owners and insurers, and courts. Do you know why? Because it did not exist that the register of the expert technicians, and the norms of certification were not identified.

In 2012, finally brought to mind. The registry was formed, identified the interdepartmental attestation commission (MAT) and the procedure for holding certification. Since January 2013, the courts and insurance companies have become everywhere to take the assessment of the vehicle conducted by an independent appraiser. True, it touched only compensatory payments in autocitors, the holders of the Casco Casco Policy had walked around.

What is fraught with the presentation of damage assessment in the framework of the CCAMA conducted by an expert technician?

1. Such an assessment will not consider the insurer, and, especially, the court.
2. If this paper you attach to the claim, and the Insurance Company will pay the court's attention to this fact, the only way out does not lose the proceedings - to apply for the appointment of forensic examination. And at the expense of the plaintiff, that will increase its costs by 15-25 thousand rubles.
3. An attempt to look for truth in the RC will only lead to the formation of an official refusal to formulate: "Rs has no legal basis for the implementation of compensation payments."

Appraiser and expert appliances: who is who?

Table 1. Appraiser and expert technology.

the table will rush to the right

Distinctive sign	Appraiser	Expert Technician
Legislature base	Foundation for implementation activities - FZ №135-ФЗ from 29.07.1998 "On the estimated activities in the Russian Federation. "	Decree of Government RF №238 dated 04.24.2003 "On organizations independent technical expertise TC ".
Requirements to specialist	Availability of a special diploma education. Membership in SRO appraisers. Availability of the Polis professional insurance activities.	Availability of a special diploma education, valid certification and inclusion in federal registry. Possible voluntary accreditation in the RSA.
Requirements to activities	Compliance with federal standards estimates. In this case, the appraiser has the right rely on any assessment methodology damage and operate with any prices on spare parts and cost for normo-clock repair.	Compliance with regulatory methodical and other documents, approved by authorities responsible for regulation questions in the field of internal affairs, justice and transport.
The purpose of expertise	Definition of market value any object.	1. The presence and nature of technical car damage. 2. Causes of their appearance. 3. Volume, technology and cost repair machine.
Conclusion	Market value report.	Expert conclusion.
In which case follow contact?	For payments on CASCO, DSAgo.	For payments on policy makers.

As we see, the principle of work, and the purpose of the car's study by these two specialists is very different. Of course, the car owner may not know. It is upset that appraisers, knowing about the ruling and requirements, continue to form reports for affected by the accidents, which are going to challenge the amount of damage within the accident within the framework of the CTP. Naturally, insurers and courts are married to such an examination, and the car owner flies on the round the amount, which nobody returns him.

As evidence of the amount of damage caused and grounds for the payment on CTP, only expert opinions prepared by experts are accepted.

At the same time, the appraiser did not take the right to calculate damage caused by the car as a result of an accident. The market value report prepared by the appraiser is accepted when contacting the Casco Policy (according to the rules) or DSAgo.

Request to evaluate correctly!

The examination to determine damage is carried out at mandatory on the purpose of the SC. However, independent experts are not reduced, because the amount of damage is also underestimated or overestimated that it becomes the reason for the assessment of the assessment in private. By ordering an independent examination (and for payments on the CCAMA, and for payments by CASCO), ask a specialist to indicate the real amount of damage. If he is much more real, the insurer during the trial is listed on the third, forensic, expertise.

An incorrect assessment of an independent expert can serve a bad service: in case of a large deviation from the actual size defined by the third expertise, the court will share the costs of it between the car owner and the insurer.

This amount can reach 10,000 rubles. Naturally, at the same time, no one will reimburse the costs of independent examination regardless of the results of the consideration of the case.

For your information. You can file a lawsuit in court, bypassing an independent examination. Immediately contact the forensic automotive examination.

The fact is that when contacting a car owner to an expert technology, so to speak, according to a personal initiative, a specialist is issued. If the examination sends the insurer, the court or the investigative bodies, the document is called the official conclusion of the examination. Unconditional payment is subject to only the amount appointed during the judicial auto-turning examination. All other conclusions The insurer may challenge.

How to get paid, which is enough for the repair of the car

1. Not repairing anything, contact an insurance company within 15 days after an accident.
2. The insurer will issue an appointment for examination in the organization with which he has a cooperation agreement. Pass it, even if you are going to use the services of an independent expert technique.
3. Submit documents to pay (regardless of whether the size of compensation or not) and get it.
4. If the compensation size is underestimated or overestimated (an expert technician led to a total), conduct an independent examination. Required the presence of the culprit of an accident and insurer. There are no cases where the expertise conducted in the absence of a representative was subsequently invalidated. It is necessary to call a telegram with a receipt notice.
5. With expert conclusion, contact the insurance company. Application for reviewing compensation with an application is best to send by registered mail.
6. Within 30 days, the insurer must satisfy the requirement or make a refusal.
7. If you refused or ignored a statement, make a lawsuit and contact the court. Be sure to attach an expert opinion, a copy of the statement marked on its delivery or written refusal of the SC.

This procedure is relevant to redeeming damages and acage, and on CASCO.

How is an independent examination?

• For examination - before repair! No restoration to the damage is impossible to produce.
• You can drive a car to the expert or cause it if it is impossible to transport the vehicle.
• Necessarily the availability of state registration marks (by car or nearby) and identification numbers Vin.
• Expert equipment must provide all the details, including broken and torn.
• If any details have been replaced shortly before an accident, and there are confirmation documents on the hands, you should familiarize themselves with an expert or appraiser.
• Prepare a list of tuning elements and additional equipment To make it in the inspection certificate.

Any retreat from these recommendations may result in an incorrect assessment of damage and its challenge by the insurer. And then - the biased opinion that the amount of Casco Calculator was given in vain. Remember, the less you are doing amateur and more stick the letter of the law, the faster you get enough money for repair.