Important features of forensic automotive examination

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Goals and objectives of forensic examination of a car

Assessing the damage caused to a car after an accident is a common phenomenon that any driver may encounter. Often, the perpetrators avoid paying the full cost of restoring the victim’s property. In order to competently resolve the conflict, a forensic examination of the car is carried out.

Goals and objectives

• establishing the fact that a vehicle was involved in an accident;
• establishing the amount of damage;
• establishing the circumstances of the accident.

Why is a forensic examination of a car appointed?

An independent examination for the court is necessary in all situations when the owner of the car is entitled to compensation payments. The reasons for this can be classified as follows:

• Forensic examination of a car after an accident. Often, insurance companies and injured parties to the accident insist on holding this type of event to establish the amount of damage. Less often, the culprit goes to court if he disagrees with whether the amount of compensation corresponds to the actual damage to the car.
• Forensic automotive technical examination for the court during a criminal investigation. Required if there are victims or unlawful actions of third parties. The result of the investigation will be not only the determination of the amount of compensation, but also the clarification of additional circumstances of the incident.

In any of the above situations, a forensic auto-technical examination allows you to determine the exact amount of damage caused to the vehicle. The examination can be initiated by the participants in the accident themselves, insurance companies, investigative authorities and the court.

Objects of study during a forensic examination of a car

vehicles;

circumstances of the accident;

road conditions.

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Forensic auto examination: types and features

Depending on what circumstances of the accident need to be established, a certain type of direction for investigating the car is assigned. An independent examination for the court can be carried out in three main ways.

Automotive technical examination of a vehicle

Judicial/non-judicial automotive technical examination of an accident allows you to identify all obvious and hidden damage to the vehicle and determine the cause of the defects. The most common justifications for the presence of deficiencies include:

• road accident;
• long-term use of the car;
• unscrupulous repair of mechanisms;
• defects in vehicle production.

Calculate the cost of a forensic examination of a car online

An experienced specialist will easily determine the cause of the damage. The auto technical examination also determines whether the damage could have led to a traffic accident. This assessment allows us to determine the degree of culpability of the participants in the accident.

Evaluative independent auto examination for the court

The main purpose of this type of examination is to establish the required amount of compensation. When calculating the amount of damage, experts take into account not only the damage received as a result of the accident, but also the natural wear and tear of the car.

Insurance companies often, based on the results of an assessment examination, underestimate the actual amount of insurance payments. In such situations, motorists turn to an independent appraiser and, if there is a significant discrepancy in the amounts, file an application with the court.

The most common list of questions for an expert/specialist

What is the cost of restoring a vehicle?

What is the cost of the vehicle, taking into account its current technical condition, year of manufacture, wear and tear, configuration features, and the presence of additional equipment?

Does the technical condition of the vehicle comply with technical standards and requirements for road safety and transport operation?

Does the vehicle have technical deficiencies (malfunctions, defects)? If so, which ones? What was the traffic situation like at the scene of the accident?

What circumstances related to the traffic situation contributed to the occurrence of a traffic accident?

Could the driver in this traffic situation perform the actions that needed to be taken to prevent a traffic accident?

Traceological independent forensic examination after an accident

This type allows you to evaluate the actions of the parties to a traffic accident in order to establish the degree of guilt of the participants. Traceological examination involves studying:

• traces on the road surface;
• traces of paint on car bodies;
• remnants of body coating on various road objects.

The listed consequences of the accident will allow the specialist to determine whether the parties made attempts to avoid the collision.

Thus, an independent assessment of the car for the court allows you to correctly assess the amount of compensation payments. At the end of the trial, the court will make an objective decision on the case and oblige the culprit to pay a set amount of compensation for damages.

Law

The possibility of conducting a forensic auto-technical examination is provided for in Art. 79 Code of Civil Procedure of the Russian Federation. Its appointment by the court occurs when the need for special knowledge arises to resolve the issue.

The same article regulates the procedure for appointment, as well as sanctions in case of obstruction of its implementation.

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What it is?

Courts resort to ordering an automotive technical examination when special conclusions are required to resolve a dispute.
The study provides complete, reliable and objective information on the questions raised.

A typical situation in which an independent assessment is necessary is a dispute between a citizen and the insurance company. This may be a disagreement with the amount of insurance payment. Or filing claims against the culprit of the accident when the amount of damage caused exceeds the maximum payment amount.

Automotive examination is a whole complex of studies. To carry it out, a specialist must have knowledge in the field of repair and maintenance of transport, forensics, and medicine.

Depending on the purpose of the study, examinations differ in types:

1. Determination of the circumstances of the incident. This study examines the mechanism of an accident, the position of its participants before the collision, the speed of movement of the car, and compliance by drivers with traffic rules.
2. Traceological. Determines the circumstances of the accident. Establishes the location of the accident, the trajectory of the vehicles before the collision, and whether the damage is related to a specific accident.
3. Transport. It is concluded in order to determine the amount of damage caused, the relationship of damage to a specific collision, and the cost of work to restore the car.
4. Engineering and psychophysiological. Reveals the mental state of drivers during an accident. Could the participants correctly or incorrectly assess the situation, prevent the collision, and how the accident affected their further condition.

Issues that it solves

The expert's opinion provides an objective assessment of those technical parameters and processes in which the parties are not specialists.

Investigation of the circumstances of the accident allows us to establish a complete picture of what is happening both during the accident and before it occurs. The specialist analyzes the actions of the driver, the movement parameters of vehicles and other participants in the traffic accident. The conclusion helps determine the culprit of the collision, as well as the traffic rules he violated.

Diagnostics of the technical condition of a vehicle determines the damage caused in a specific accident.

At the same time, it establishes the vehicle’s deficiencies that existed before the accident.

Determines how much it will cost to restore the vehicle to its original condition.

Traceological research involves determining the events of an accident using traces. The expert establishes the trajectory of the vehicle and its position in relation to the other participants in the collision.

An engineering and psychological examination helps to identify the culprit. This is done by analyzing the mental state of the participants. The specialist checks whether the driver could have prevented the accident by taking certain actions.

Forensic auto technical examination

Relevance of the program

Currently, one of the most in-demand examinations is an independent forensic auto-technical examination, especially in cases involving a traffic accident.
An independent automotive technical examination is appointed during trial or pre-trial proceedings. This examination is carried out on the personal application of the participants in the accident, lawyers or lawyers. In order for an expert to have the right to conduct a forensic automotive technical examination, he must have a specialized education, namely a diploma of higher education or a diploma of professional retraining with the right to conduct activities. And also, in order to occupy a leading position in the field of expert services, a modern expert needs to constantly expand the scope of his professional activities and undergo professional retraining in a new type of examination.

The Academy of Advanced Training and Professional Retraining provides training for forensic experts conducting automotive technical examinations.
The Academy's professional retraining program is focused on training forensic automotive technical experts and practitioners. Graduates will immediately be able to perform assessment work, since up to 80% of the time in the learning process is spent on practice. In practical classes, students, under the guidance of experienced teachers and practitioners of our Academy, conduct an assessment of educational and real objects, namely: an examination of the section of the road on which an accident occurred, an assessment of the actions of vehicle drivers involved in an accident, an independent examination of a car after an accident, an assessment of damage after an accident , examination of a car engine, examination of agricultural machinery, examination of vehicle tire marks and examination of the technical condition of vehicles. Contents Relevance of the program Legislative framework of forensic auto-technical examination Conclusion of a forensic expert and its content Main types of forensic auto-technical examination Automotive examination in cases of road accidents Examination of the technical condition of vehicles Distance learning format Diploma of professional retraining Obtaining a diploma of professional retraining Payment for training Discounts on training Publication of scientific papers works Electronic library Curriculum

Legislative framework for forensic auto technical examination

Currently, forensic examination, like any industry, is regulated by certain regulations. Therefore, when conducting a forensic automotive technical examination, the expert must be guided by the following basic regulatory legal acts:

• Civil Code of the Russian Federation.
• Federal Law of May 31, 2001 N 73-FZ “On State Forensic Expert Activities in the Russian Federation.”
• Federal Law of May 4, 2011 N 99-FZ “On licensing of certain types of activities.”
• Federal Law of July 29, 1998 N 135-FZ “On Valuation Activities in the Russian Federation.”
• Federal Law of April 25, 2002 N 40-FZ “On compulsory insurance of civil liability of vehicle owners”
• Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 9, 2008 N 25 (as amended on May 24, 2016) “On judicial practice in cases of crimes related to violation of traffic rules and operation of vehicles, as well as their unlawful taking without the purpose of theft.”

Academy teachers designed a professional retraining program taking into account the legislation of forensic automotive technical examination. During lectures, teachers discuss each federal law in detail, paying attention to the changes that have come into force.

The conclusion of a forensic expert and its contents

The conclusion of a forensic auto technical examination is the most important evidence in cases involving road accidents. According to Federal Law No. 73-FZ of May 31, 2001 “On State Forensic Expert Activities in the Russian Federation,” the expert opinion must be drawn up in writing and contain the following points:

• time and place of production of SE;
• basis for the production of solar cells;
• information about the body or person who appointed the SE;
• information about the state forensic institution, about the expert (last name, first name, patronymic, education, specialty, work experience, academic degree and academic title, position held), who are entrusted with the production of SE;
• warning the expert in accordance with the legislation of the Russian Federation on liability for giving a knowingly false conclusion;
• questions posed to an expert or a commission of experts;
• research objects and case materials presented to the expert for forensic examination;
• information about the participants in the process who were present during the forensic examination;
• content and results of research indicating the methods used;
• assessment of research results, substantiation and formulation of conclusions on the questions raised.

All materials of the expert opinion must also be supported, since they are an integral part of it.

Main types of forensic auto technical examination

The main goal of a forensic auto technical examination is to establish factual data about the condition of specific vehicles, determine the actions of participants in an accident and their ability to prevent an accident, determine a more accurate road situation at the scene of the incident and establish data on other factors that contributed to the incident. Currently, the most popular types of forensic auto technical examination are:

• Examination of the circumstances of the accident;
• Examination of the condition of a vehicle that was involved in an accident.
• Transport and trace examination.
• Examination of road conditions.

The training of experts from the Private Educational Institution of Further Professional Education "Agroindustrial Complex and PP" includes conducting examinations at real and training sites. During practical classes, teachers, together with students, carry out a step-by-step forensic auto-technical examination of all types and draw up an expert opinion. During the examination, students develop their own portfolio of samples, which will be useful to them in their professional activities.

Automotive technical expertise in cases of road accidents

Automotive technical examination in cases of road accidents is carried out at the request of the bodies of inquiry, court, investigation, participants in the incident or persons interested in the case. The purpose of this examination is to find out all the circumstances that caused the accident. The examination procedure includes an inspection of the scene of the accident, various diagnostic expert studies, calculation of traffic parameters during an accident, as well as an analysis of the driver’s actions and interviews with witnesses to the accident.

The professional retraining program for experts of the Private Educational Institution of Additional Professional Education “Agribusiness and Industrial Complex” includes a module for studying the stages of examination in cases of road traffic accidents. Teachers, together with students, conduct automotive technical examination of training accident objects. Students determine the speed of the vehicle at the time of the accident, the distance of the vehicles from each other and from other objects - participants in road traffic, the possibility of preventing an accident based on technical indicators, determine the moment of occurrence of the preconditions for the accident, establish possible and actual actions of the driver that influenced the outcome of the road accident. -transport situation and conditions for the emergence of a danger zone.

Upon completion of the training, students have experience in conducting automotive technical examination in cases of road accidents, know all the mandatory stages of this examination and receive a diploma in the Forensic Automotive Technical Examination program with the right to conduct professional activities.

Examination of the technical condition of vehicles

According to the Federal Law of April 25, 2002 N 40-FZ (as amended on May 1, 2019) “On compulsory insurance of civil liability of vehicle owners,” an examination of the technical condition of a vehicle is carried out in order to establish the circumstances in which damage to the vehicle (vehicle) was caused, establishing the vehicle damage itself and its causes, as well as determining the technologies, methods and cost of restoration repairs. An examination of the technical condition of a vehicle is carried out in the event of disputes related to consumer rights and their protection, as well as in the event of certain proceedings regarding an accident involving the vehicle being examined.

This examination has the right to be carried out by an expert who has a basic higher education and additional professional education and professional retraining in the field of technical examination of vehicles. These requirements for experts are enshrined in Order of the Ministry of Transport of Russia dated September 22, 2016 N 277 “On approval of requirements for expert technicians carrying out independent technical examination of vehicles, including requirements for their professional certification, grounds for its cancellation.” After drawing up an expert opinion on the technical condition of vehicles, the expert must attach a copy of his diploma giving the right to conduct this professional activity.

When is an expert opinion needed for court?

An expert opinion is evidence in civil proceedings. The court bases its decision on it.

Situations in which it will be necessary to conduct an automotive technical study:

• disputes about the amount of insurance payment;
• disputes about identifying the culprit of an accident;
• disputes about determining the circumstances of the accident.

The most common cases are from the first category. Insurance companies cooperate with appraisal institutions, which, when determining the amount of damage caused to the car, underestimate the cost of repairs and parts.

In such a situation, the driver has to do an independent examination and apply for the recovery of an additional payment through the court. If there are two expert opinions, the judge orders a forensic examination.

Companies

A couple of recommendations for choosing an appraisal company to which you will entrust an independent examination of cars after an accident

So, when choosing an appraisal company, first find on the Internet an appraisal company located close to your office or home. Attention: In no case do not apply for an independent examination to the appraisal office that was appointed or “recommended” by the insurance company, and even more so to the appraisal office, which is located in the insurer’s building. Know that this is a pocket appraiser and, therefore, a corrupt appraiser.

When studying Internet resources to conduct an independent examination of a car after an accident, choose a company that fundamentally does not cooperate with insurance companies; know that such auto experts still exist. Once you have chosen an appraisal firm, visit its office. Evaluate with your own eyes the place, the premises where you came, get acquainted with the staff of the appraisal company. If, according to the manager with whom you will be conducting a dialogue, the appraisal company employs a whole team of appraisers specializing only in the technical examination of vehicles, you must understand that such a “company” necessarily cooperates with a number of insurance companies and, accordingly, must he is on a short leash with them. Eliminate such an “independent” appraisal firm from your list.

If the initial, visual test is passed, ask for review of the constituent documents of the appraisal company, namely the charter, which should contain clauses stipulating that the objectives of the company’s activities are precisely the assessment and independent examination of damage in case of an accident, as well as a certificate of state registration. These documents can say a lot, for example, that the founder of the appraisal company is an insurance company, or one of the owners of the insurance company.

Who can apply for a holding?

Despite the fact that the Code of Civil Procedure of the Russian Federation provides for the possibility of making oral petitions, a request to appoint an examination is submitted only in writing. It is not enough to declare the need for auto examination. In the petition, the party must determine an approximate list of questions, as well as propose an expert institution.

Any party to the case may submit an application requesting the appointment of an expert examination.

The remaining participants in the proceedings have the right to propose their questions and express wishes regarding the determination of the bureau for its conduct.

The final list of questions and the choice of institution or specific person is prepared by the court.

At the request of the party, a ruling is issued indicating the grounds for conducting the examination, issues to be resolved, and the name of the special institution. The court determines the time period for the assessment.

Who conducts it?

Russian legislation regulates expert activities, obliging institutions to obtain licenses from regulatory authorities. Carrying out automotive technical analysis for the court is carried out only by certified organizations. Otherwise, the conclusion cannot be accepted by the court.

The expert must be on the list of those entitled to conduct forensic examinations of the Ministry of Justice.

A service center that maintains a car on an ongoing basis cannot conduct a technical examination, since it is recognized as an interested party. Similarly, an independent expert collaborating with a specific insurance company cannot conduct research on the instructions of the court.

Insurance expertise

About “independent” insurance expertise.

Dear ladies and gentlemen, as mentioned above, such a cheese in a mousetrap as a free independent examination of compulsory motor liability insurance, presented to you by an insurance company (insurer), does not exist in nature. Accordingly, if you need a truly independent examination for CASCO or technical examination (for MTPL), do not look for free appraisers sitting in the office of the insurance company, but find any other professional expert who will conduct a decent and truly independent examination in case of an accident.

Who pays?

The responsibility to pay for the auto examination rests with the person who filed the request for it to be carried out. In the ruling, the judge indicates the paying party.

Based on the results of the consideration of the case, reimbursement of the costs of the assessment is assigned to the losing party.

The cost depends on the following factors:

• car model;
• its dimensions;
• degree of damage;
• the number of issues raised for resolution.

If you calculate the average valuation price, it will be in the region of 10,000-15,000 rubles.

Cost of assessment

Divorce proceedings often occur suddenly, requiring proper and quick division of property. According to current legislation, any property acquired by couples as a result of living together must be fairly divided exactly in half. This also applies to the car that the spouses purchased through joint efforts. However, for the division to be fair, it is necessary to find out the exact value of such common property. For this purpose, an assessment of the car for divorce is carried out, the results of which will allow you to obtain its real value.

The assessment procedure for the section begins with familiarization with the vehicle model. Attention is also paid to the brand that released this modification. Then diagnostics begins, without which assessment is simply impossible. Specialized appraisers check the condition of each unit or part, determining its functionality and the absence of any problems. It should be especially noted that such a procedure is performed using high-precision equipment. To obtain the real cost, the procedure is carried out taking into account the current market tariffs obtained from reliable sources. The obtained assessment data is recorded in the appropriate act, without which a fair division is simply impossible.

During the assessment work, the MCEO specialist must provide the necessary documentation, without which there can be no talk of a division of this kind. First of all, this concerns the technical passport. Also, the appraiser must have the owner’s identification card in hand. All of the listed papers are necessary for this section to be completed correctly, in compliance with current legal regulations. When contacting ICEO, any interested party can count on a professional approach and consideration of all their wishes.

Our team works to standards that are the highest. Therefore, we do not have any problems during the division or subsequent assessment of vehicles. Timely completion of all necessary work, using only advanced techniques and high-tech equipment allows us to avoid any errors or shortcomings in the assessment process for the section. Therefore, our clients are always satisfied with the final documentation drawn up by our highly qualified experts, on the basis of which a quick and fair division is then carried out.

To use our car valuation services, just use the official website of the MCEO and leave an online application. Our experienced appraisers work with any modifications or brands of cars. However, before ordering this service from us, it is better to inform our specialist in advance which car he will have to work with. If the matter concerns the division of property, then it is better to take care in advance of collecting the documentation discussed above.

How is it carried out?

The procedure for carrying out the examination is regulated by a special manual from VNIISE. This is the standard of expert action determined by the Ministry of Justice of the Russian Federation. It describes each step of the expert when conducting a separate type of research.

Order of conduct

After ordering the examination, the court prepares a complete package of documents for submission to the bureau. The expert cannot independently select materials for research, so he must initially be provided with everything necessary. These are administrative case materials, previous technical studies and inspection reports, photographs, and the car itself.

If the car is not restored, it must be presented for inspection, and an expert will call both parties. If the car has been repaired or there is no need to determine the damage, the documents are analyzed.

Having carefully studied the provided materials, the expert writes a conclusion. This is the final document that sets out the result obtained by the specialist.

Next, the case materials, along with the assessment, are sent to the court for further consideration.

Deadlines

The specific period within which the conclusion must be made is not defined by law. The courts give an approximate period for carrying out all necessary actions - a month . The vehicle inspection itself takes a short amount of time, from one day to a week.

The main part of the work, investigating the circumstances and drawing up a conclusion, takes the longest period of time. The total period depends on the workload of the expert institution.

Damage assessment

There are types of conclusions that should answer not only questions about the circumstances of the accident, but also determine the extent of damage caused to the vehicle.

After inspecting the car, the expert establishes a list of damages. Then, by conducting research, the expert determines whether they were caused as a result of this accident or whether they already existed at the time of its occurrence. Then he estimates the costs of eliminating them.

Conclusion

After conducting the necessary research, the expert issues a conclusion. This document consists of several parts. In the introduction, reference is made to the education of the person conducting the survey, qualifications, experience in the expert field, and also briefly describes the circumstances of obtaining the materials.

In the main part, the expert describes what studies were conducted.

In conclusion, the expert is obliged to answer all questions posed by the court. You can't miss a single one. If it is impossible to answer one of the points, the expert indicates this in the conclusion.

If the court determines that the technical study is incomplete, an additional or repeated examination may be ordered.

Price

About the cost of conducting an independent examination

. Of course, each of you can try to determine how much an independent examination of a car costs by studying a number of websites of various appraisal companies, but do not expect that during a personal meeting in the office, the cost of the examination will not change. In fact, you are unlikely to be able to determine how much an expert examination of a car will cost in absentia, which is why we recommend that you do not waste time looking for an inexpensive examination on the Internet and contact a car expert directly for a consultation, who, after your detailed survey and inspection of the car, will will accurately indicate the cost of the examination personally for your car.

Sometimes you can hear a naive question - “who pays for the independent examination?” I would like to answer this common question with the catchphrase “Whoever pays calls the tune.” Of course, there are cases of providing expertise inexpensively, but do not expect that for 2000 rubles you will be treated like a Danish prince. I immediately remembered a joke: An advertisement in the newspaper “I repair cars, inexpensively (but poorly).”

If we touch on the price issue and compare the cost of an independent examination of transport in case of an accident (or the cost of appraising a car for sale) with the cost of a forensic examination of transport, then the difference in cost occurs and is at least 2-3 times, that is, the cost of the car appraisal report will be much cheaper than a forensic examination of the same car, which is due to the higher degree of responsibility of the forensic expert conducting the notorious examination of the damage to your car.

In general, the price of an independent examination of cars out of court starts from 3,000 rubles (with a minimum of damage), and in the rarest cases reaches 120,000 rubles, for example, in very serious and high-profile court cases related to the study of the technical condition of an elite-class car.

Our coordinates

If you are interested in forensic examination of cars or pre-trial independent examination of cars in Moscow or the Moscow region, welcome to our assessment and examination agency. Our head office is located in the center of Moscow. In order not to guess where you can conduct an examination after an accident, we inform you that the place of your stay is not so important, because Our experts, who conduct a technical examination of a car, easily travel to all ten districts of Moscow and literally to all cities of the Moscow region.

If you live outside of Moscow or the Moscow region, then you can get an answer to the question “Where to conduct or make an independent examination” in any of our regional laboratories, which are located in literally every major region of the Russian Federation. The addresses of our vehicle examinations created within the framework of our NP “Federation of Forensic Experts” can be seen on any page of this website in the right vertical column.

About innovation

An independent examination after an accident and the organization of this process is a rather complex process. Low prices for expert services, high competition, insufficiently high qualifications of new employees coming to work with us, with each of whom we need to learn again, explain the rules of conducting the examination, the procedure for conducting the examination, explain and show basic things, tell how to do the examination in order to were not canceled in court, to provide answers to such basic questions as “who conducts the examination?” or “how to conduct an examination” through the court, or “how is an examination carried out for an insurance company?” However, what can we do without innovation?

Additionally, we inform you that in addition to a full-fledged independent examination of cars, our organizations practice such a service as express car assessment, the property of which is that a full assessment report is not issued to the customer, and everything is limited to calculations and issuance of a certificate of the final cost of the car, or a simplified calculations on the cost of repairs.

In conclusion, I would like to note that in addition to the conflict situations that we talked about above, in valuation activities there are calmer forms of car examination, such as car assessment for inheritance, examination of cars on behalf of notarial authorities (notary), independent examination of technical condition car in consumer protection cases. In addition, orders for the examination of used cars for the purpose of purchase and sale (sale) on the open market are no less in demand.