Notifying the culprit of the accident about an independent examination

Notification of independent examination

It happens that after being involved in a traffic accident, the victim needs to find out the real extent of the damage that was caused to his vehicle. For this purpose, an independent examination of the machine is carried out.

To organize it, you need to notify all involved persons in writing and obtain their consent. There is a certain algorithm for calling participants in an accident. This article will help answer questions related to notifying the insurance company about an independent examination and the procedure for inviting parties to inspect the car.

Why and to whom is the telegram sent?

One of the most important factors in organizing an independent examination of a car is sending telegrams to all parties to the conflict. The law states that during the examination of property, all parties to the dispute must be notified about this. Otherwise, and if there are any disagreements, then in court it will be very easy to refute the results of the assessment of the damage caused to the car. Then you will have to conduct the examination again.

The defendant reserves the right not to come for the inspection, but he must be notified of the date, time and place of its holding without fail. If the other party nevertheless decides to be present during the examination, then it has the opportunity to be late by no more than half an hour, after which the damage assessment will be carried out without the defendant.

The invitation for assessment must be sent to:

the culprit of the accident;
the insurance company with which the person at fault has entered into an agreement;
other participants in the incident (if there are more than 2 people);
Russian Union of Auto Insurers (when there is a right to compensation).

What should a telegram contain?

A notification that an independent examination of the car will be carried out must be drawn up taking into account all the necessary information. All items on the form must be completed as required.

You must provide the following information:

Information about the victim.
Model and registration number of the vehicle.
Address for car assessment.
Date and time of inspection.

The main requirement for the victim is to be given the opportunity to conduct an examination. A correctly completed form, in accordance with all requirements and sent to the person responsible for the traffic accident, is the key to successfully inviting the other party to conduct an assessment.

Attention! It should be remembered that in accordance with the legislation of the Russian Federation, when filling out the telegram form, you must indicate accurate data.

Methods of presenting an invitation to conduct an independent assessment of damage caused to a car

A sample notification of an independent examination of a car can easily be found on the Internet. But in order to avoid any errors when filling it out, it is recommended to seek the services of a legal professional. The examination itself does not last long, but all parties to the conflict must be notified in advance that it will be carried out.

An invitation can be obtained in several ways:

By sending a registered letter.
By telegram.
Directly into the hands of the defendant.
In the courtroom.

A vehicle damage assessment notice can also be provided to the insurance company.

Important! It doesn’t matter which method you use, the main thing is confirmation of receipt.

1. Sending a registered letter

Sending a registered letter is carried out only in cases where the examination will be carried out after a long time. In this case, the notification letter to the person responsible for the traffic accident is sent with confirmation of receipt. It is worth noting that the invitation is strictly handed over personally to the defendant or his relatives.

Lawyers are reluctant to advise using this method of delivering notification of an independent assessment, since it is not very convenient. They give their preference to sending a telegram.

2. Telegram

If the culprit of the accident does not want to make contact, and his presence at the examination is required, the most practical way to send a notification about assessing the damage to the car is by telegram. In accordance with the law of the Russian Federation, insurance companies use this particular method of notifying conflicting parties.

Telegram is a very convenient and simple method of sending notifications. There is no need to waste time and money on additional paperwork; you just need to go to the nearest Russian Post office and fill out a standard form.

Attention! A sample telegram about conducting an independent examination can easily be found on the Internet.

3. Delivery into the hands of the defendant

Often, an invitation to an independent examination, which specifies the time and place of its conduct, is given to the person responsible for the accident by bailiffs. This happens when the initial inspection of a car requires the presence of a person (usually if there are victims). It is quite rare to hand over a notification about an independent examination of a car in person. Since the person initially agrees to be present during the damage assessment. After all, otherwise, administrative punishment is possible.

4. In the courtroom

In cases where it is necessary to re-assess property damage, you can notify the culprit of the accident about it in the courtroom, after the completion of the process. This method is quite effective, as it allows you to obtain consent or refusal in front of witnesses. Such situations occur frequently. A re-examination is not mandatory, however, if there was a request for it, it is advisable to notify all interested parties about it. Notification of an independent examination of the car is a formality, but each party to the dispute must have the relevant documents.

Important! Representatives of the insurance company are also obliged to invite the person at fault for the accident to assess the damage to the car.

About the need to notify by telegram

Who should be present during an independent damage assessment after an accident?

To assess the damage to a car after an accident, it is inspected and an examination is carried out. The presence of the person responsible for the accident or representatives of the insurance company during such an inspection is not always a mandatory requirement. A special notification (telegram) about its implementation is sent to interested parties only if:

the owner did not provide the car to the insurance company to assess the damage; he immediately contacted an independent organization. The Federal Law “On Compulsory Motor Liability Insurance” in this case requires that the insurer be notified in advance of the date, time, and place of the inspection;
the case will be considered by arbitration, among the interested parties are legal entities. Art. 5 of the Civil Code of the Russian Federation requires that the defendant be notified of the examination;
the damage from the MTPL insured event is re-assessed.

In these situations, it is better to notify the parties to the dispute about the place and time of the examination by personalized telegram.

Legal requirements for sending telegrams during independent examination

This requirement has existed since 1998 (RD 37.009.015-98). Paragraphs 11-14 of the document established recommendations:

ensure that all interested parties are present when the appraiser inspects the vehicle;
send personalized telegrams in advance. Dispatch time: 3 business days (or 6 for recipients living in other cities);
inspect the damaged vehicle in the absence of other parties, provided that the owner has documents confirming the sending of notifications.

RD 37.009.015-98 is a document that was advisory in nature and has lost force. Instead, the requirements for sending notices that an inspection will be carried out establish:

Methodological guidelines of the Ministry of Justice of the Russian Federation for forensic experts - allows the invitation of interested parties, but does not make it mandatory;
Art. 7 of the Regulations of the Central Bank of the Russian Federation on the rules for conducting an independent technical examination of a vehicle - when re-assessing damage, it requires the parties to the dispute to be notified in writing, with confirmation of delivery.

The Invest Consulting website has a module for generating telegrams. You can use it to compose a notice if for some reason you want to send it in the form of a telegram. Before sending, please contact Invest Consulting staff to agree on the date, time and location of the inspection.

How to notify the person at fault for an accident about an independent examination?

Do I understand correctly that the person at fault for the accident needs to be notified of an examination by independent specialists? How to write a notice, how to send it? He's hiding like a spy, you can't get through to him, you can't get through to him.

Lawyer's answer

Absolutely right, notification of the culprit of the accident about the independent examination is mandatory, otherwise it will not have any legal force.

The invitation is needed in order to prove the transparency and honesty of the procedure being carried out, the absence of interested “experts” and falsifications. The customer of the examination is obliged to notify in accordance with the “Regulations on the rules for conducting an independent technical examination of a vehicle,” which was approved by the Bank of Russia on September 19, 2014 No. 433-P.

The provision does not specify how to notify the culprit of an accident about an independent examination. You can serve a document in the courtroom, you can send a registered letter or telegram. It is important that there is a notification of delivery: then, if the culprit still does not appear, the fact of his refusal to come can be proven in court.

Let us dwell in more detail on the telegram, because it is faster and more reliable than registered mail. Its text should be something like this:

Where and to whom: indicate your address and full name

On October 14, 2018, an inspection of the Renault Logan car with registration number 000 will take place at the address st. Volokolamskaya 29 employees of the independent expert service “Expert-Moscow”. An objective examination is carried out to assess the amount of damage that was caused to the vehicle as a result of an accident that occurred on October 1, 2018 at the address: st. Vasilyevskaya 229. In case of no-show, the inspection will be carried out without your presence.

You enter your addresses, car make, license plates and other data.

This is an example text. The regulation does not explain in what words and how to notify the culprit of an accident about an independent examination. Other samples can be viewed on the Internet.

It is important that notice be given at least 3 days in advance for residents of the same city, and no later than 6 days in advance for non-residents.

If you did everything correctly, but no one arrived even after the allotted half hour of waiting, then you still have the right to conduct an inspection, on the basis of which a report is drawn up. It is signed by the insurer and the customer. Next, the damage is assessed - this takes 3-8 days, then a report is written, signed by the expert and the head of the expert organization.

It is impossible to challenge the results due to failure to appear, because the other party was notified in advance.

Please, how many days before the independent technical examination must the insurance company notify the culprit of the accident by telegram?

How many days before the independent technical examination must the insurance company notify the culprit of the accident by telegram? Do these days include the day of filing the telegram and the day of the examination? What law regulates this?

Notification of the culprit of an accident about an independent examination: text of the telegram and procedure

The customer for an independent examination of a car after an accident is the injured person.

The purpose of the procedure is to assess the damage caused to the car and confirm the innocence of the injured person.

This article describes in detail what it means to notify the culprit of a traffic accident about an independent examination. The text of the telegram is stated and the procedure is presented.

Is it necessary to invite the person responsible for the accident?

The culprit of the incident must be invited to the examination , and this responsibility lies with the customer of the examination (Article 7 of the “Regulations on the rules for conducting an independent technical examination of a vehicle”, approved by the Bank of Russia on September 19, 2014 No. 433-P).

So that in the event of a disagreement between the culprit and the victim, the latter has evidence that he is right, he must invite the culprit to an independent examination of the car (read about what other types of examinations there are in case of an accident).

The person at fault for the accident may not appear for the examination, but it will still take place. The main thing is to send a telegram on time with notification of delivery.

All persons interested in the examination should be invited to inspect the vehicle by independent experts. In addition to the culprit of the accident, interested parties may include :

the at-fault party's insurance company;
the owner of the vehicle, if another person was driving at the time of the accident;
other participants in the accident (if any);
to the Russian Union of Auto Insurers (only if the license of the culprit’s insurance company was revoked).

Compiling telegram text

The notice must indicate the date and time, as well as the location of the inspection.

Lawyers advise composing the text as follows::

“I notify you that “__”______ 20__ at ____ o’clock at the address __(full address of the event)__ an examination of the car __(make)__, state registration plate ______ will be carried out by employees of LLC “____”.

An independent examination of the vehicle is carried out in order to determine the objective amount of damage caused to the specified vehicle as a result of a traffic accident that occurred “__”______ 20__ at the address __ (full address of the accident and reference to supports or other landmarks)__ state registration license plate _____."

Departure times

It is better to send the telegram in advance so that it has time to reach the recipient. The time frame for sending a telegram depends on the place of residence of the culprit . If the telegram is sent to the same region where the victim lives, it must be sent 3 business days (excluding weekends) before the examination.

If the culprit lives in another region, the shipment must be completed within 5 working days.

The dates are specified without taking into account the day of notification and inspection. To be sure of receiving the notification, you need to add 2 more days to the deadline.

Methods for sending notices

The best option for notification is to send a telegram by Russian Post : it is prompt, and most importantly, the sender will receive a delivery receipt at his address, which he will provide if the culprit claims that he did not know about the scheduled event.

If for some reason sending a telegram is impossible or inconvenient for the customer of the auto examination, you can use one of the alternative methods of delivering an invitation.

Personally in hands . Transferred after initial proceedings in the presence of bailiffs. In other cases, it is better not to use this method, since it is impossible to prove that the culprit received the paper.
By registered mail . This method is used when there is still a lot of time left before verification. In this case, the sender also receives notification of delivery.
In the courtroom . It is often used when there is a need to re-conduct the examination (for example, a petition for re-examination is filed). The advantage of this method is the huge number of witnesses who will confirm delivery.

What to do if the culprit does not show up for inspection?

The permissible delay time for the person at fault in the accident is 30 minutes. If he is absent after this period, the examination still begins. If the customer has inspected a document that confirms receipt of notification from the culprit, the latter is considered to have been properly notified.

A correctly drawn up and timely sent notification must guarantee that the person at fault for the accident receives notification of the examination of the victim’s vehicle. Confirmation of delivery of a telegram or registered letter must be taken with you to the inspection to prove the fact of proper notification, otherwise the culprit will have the opportunity to challenge the result of the examination, saying that he did not receive the notification.

If you find an error, please select a piece of text and press Ctrl+Enter .