What is an independent examination: by whom and how is it carried out?

What does independent examination of furniture mean? Where to conduct an independent state examination? How to challenge questionable results of an independent examination?

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In a new article we will discuss conducting an independent examination. Expertise is most often encountered by people who find themselves in conflict situations. It has legal force, since it is an official document, which often becomes the decisive argument in court.

I propose to understand the types of examinations, stages and steps of their implementation, and those who read the article to the end will enjoy a review of the three best appraisal companies.

What is an independent examination and when is it necessary?

Independent examination is carried out by state and private expert companies. Expertise is ordered by individuals, enterprises and courts.

An independent examination is an impartial study based on scientific methods and objective information. It is carried out by a specialist with appropriate qualifications, education and experience.

Independent expertise is needed:

to determine the value of the land;
to evaluate an object;
to assess damage after an accident;
to evaluate intellectual property, equipment, business;
to assess damage from fires, floods, natural disasters;
to resolve property issues.

Example
The need for an independent examination often arises in the event of an accident. The expert determines what caused the accident and what damage was caused to the car. An expert assessment will help achieve payment from the insurance company.

There is a list of dos and don'ts when conducting research.

The expert is allowed:

review the materials related to the case;
interview witnesses and other persons related to the case;
submit a petition to obtain additional materials for the examination.

The expert is prohibited:

negotiate with the parties to the case;
disclose data obtained during expert research outside of a court hearing;
independently collect materials for research.

The legislation predetermines the absence of a conflict of interest: the expert should not be in friendly, official, family or other relationships with the participants in the process. We also recommend that you read the material “Independent Assessment”.

Types of independent expertise - 7 main types

There are more than thirty types of independent examinations. Today we will focus on the most relevant ones.

Type 1. Car examination

A car inspection is an assessment of a vehicle and an examination of the extent of the damage received.

The car is subjected to examination for two reasons:

The car was involved in an accident and you need a conclusion on the cost of repairs for compensation by the guilty party or an insurance company.
You need to receive compensation from the insurance company for loss of marketable value (LCV) after repair work. The TTS includes a reduction in the durability and strength of the engine, various units, coatings, parts, connections, assemblies, and on-board electronics.

It is most convenient to carry out the examination not near the garage, but in a car service center (for more details, see the material Independent examination after an accident).

Watch the video on how to correctly assess damage in an accident.

Type 2. Furniture examination

An independent examination of furniture is carried out to identify the reasons for the appearance of defects in the product and to obtain a refund.

Types of furniture examinations:

for defects and suitability for purposes of use;
cost or restoration examination;
examination of the quality of furniture and its components;
toxicity testing.

Expertise can be judicial or pre-trial.

The seller pays for the examination if the furniture warranty has not yet expired. Buyer - if the warranty period has already expired. If the initiator is a court, then the procedure is paid for from the federal budget.

This is a commodity type of examination. The above is true for clothing, laptops or other electronic equipment, refrigerators or other types of household appliances, jewelry and other goods (more details in the material Commodity Expertise).

Type 3. Independent construction expertise

Construction expertise is the study of residential, industrial or engineering facilities.

Expertise is needed to determine:

compliance of technical documentation with standards;
efficiency of the materials and technologies used;
operational safety;
degree of need for major repairs;
the possibility of constructing an object;
feasibility of reconstruction;
the ability to change the purpose;
probability of an emergency;
foundation condition;
strength of supporting structures;
integrity of roofing systems;
condition of the façade;
the need and technology for using power tools;
market price;
the state of the object as a whole;
economic benefit of estimates.

A short video about what to do if your apartment is flooded.

We have prepared materials on real estate valuation especially for you - apartment valuation and house valuation.

Type 4. Medical examination

Medical examination provides an objective assessment of a person’s condition.

Reasons for holding:

determine the degree of damage to health;
find a medical error;
determine the degree of disability;
assess the extent of physical damage;
rape examination;
DNA analysis;
examination of the corpse;
examination of material evidence.

An independent medical examination is carried out by a state-certified specialist with a higher medical education and experience in forensic work.

Details in the article Independent assessment of the quality of medical services.

Type 5. Business expertise

Business examination is a set of measures to study the state of a business and its market value.

Business examination reveals:

number of previous owners;
lack of licenses and other permits;
financial history;
lack of necessary documents and the ability to restore them;
existence of contracts and obligations under them;
volumes of sales of goods and services;
the amount and structure of expenses;
tax situation;
presence of loans and debts.

For those who are interested in the investment aspect, we have written an article: Evaluation of investment projects.

Type 6. Fire-technical examination

Fire technical expertise examines what caused the fire and analyzes its features. It is carried out in relation to buildings, structures, park and garden areas, and vehicles.

The examination is carried out to identify:

source of fire;
guilty;
causes of fire;
circumstances of the fire;
malfunction of fire fighting equipment;
violations of the rules for the safe use of electrical equipment and electrical appliances;
violations of fire safety working conditions.

The procedure can be initiated by an investigator or a participant in the case, including a representative of the insurance company, the owner of the burnt property, the plaintiff, the defendant and other persons.

Read the material - Independent fire risk assessment.

Type 7. Expertise of the quality of service provision

Expertise of the quality of service provision is a set of measures for objective assessment of the quality of service provision.

Conducted in accordance with the laws:

On the protection of consumer rights.
About safety.
On certification of products and services.

The expert must be accredited by the Chamber of Commerce and Industry of the Russian Federation.

Example
Housing and communal services are subject to examination. This is relevant in case of inflated electric meter readings, unsatisfactory quality of services for garbage removal, water supply, and others.

The table clearly shows the features of the types of independent examinations:

№	Type of examination	Peculiarities
1	Car examination	You need to notify the insurance company of the date and time of the examination. It is best to carry out the examination at a car service center.
2	Commodity examination	It is recommended to involve a specialist in the field of commodity research. The packaging in which the goods were transported or stored must be provided as an object.
3	Construction expertise	All measuring instruments must be included in the register of official measuring documents. The conclusion should include a technical report.
4	Medical examination	Usually the commission group consists of highly specialized experts. Everyone conducts research only in their own field. The expert commission is usually allowed to expand the group of experts if necessary.
5	Business expertise	It is important for an expert to clearly set goals and objectives. This must be done before research, since business expertise is a broad concept.
6	Fire-technical expertise	The expert not only needs to inspect the object, he needs all the information about the detection, development and localization of the fire. In addition to buildings, vehicles, parks and gardens are being examined.
7	Expertise of the quality of service provision	The expert company must be accredited by the Chamber of Commerce and Industry of the Russian Federation

Investigation into fatal road accidents

In case of a fatal accident, a corpse is used as the object of forensic examination. As in the previous case, initiating a criminal case in such situations is mandatory, and there is a high probability that the culprit will be prosecuted.

When conducting an emergency medical examination in case of a fatal road accident, the main question that is asked to the expert is to determine the causes of death of the victim and their cause-and-effect relationship with the actions of the culprit of the road accident.

Basically, in practice, such an examination is carried out on the basis of the decision of the investigator, but in some cases the basis for the conduct is also a court decision.

What does an independent examination include - 6 main stages

The independent examination takes place in six stages. Let's look at them in more detail.

Stage 1. Analysis of the provided documentation

Regardless of the type of examination, the first stage is the analysis of the provided documentation to determine its suitability for the study.

The following documents are suitable for examination:

tender documentation;
correspondence between the parties;
design documentation;
acts of completed work;
estimates for work and materials;
financial statements;
blueprints;
scheme;
technical passports;
work logs;
test reports;
acts of intermediate reception.

If the examination is pre-trial and the expert does not have enough documentation received, he forms an official request to the participants to collect additional documentation. The request includes an exact list of required documents, as well as details and deadlines for submission. In a judicial case, the request is sent to the court.

Read more about this in the article “Forensic Examination”.

Stage 2. Visual inspection

Field research or visual inspection is the next stage after studying the documentation. If the examination is pre-trial, the expert notifies the parties of the time, date and place of the inspection of the object. If we are talking about an examination in a criminal case, the date is set by the investigator.

If one of the parties is absent, the inspection will not be rescheduled. During the examination, the expert may ask questions to the parties to the case and witnesses.

When a simple inspection is not enough, the expert submits a request for additional actions. If, as a result of the expert’s actions, the object may suffer, it requests permission from the court.

Stage 3. Photographing identified objects

During a visual inspection, the expert identifies new objects needed for research and records them using photographs.

The photographs are drawn up following the procedure: a protocol is attached, and the protocol indicates the means with which the photographs were taken, the subjects of filming, time, conditions, methods and results.

Stage 4. Conducting laboratory tests

If the study requires physicochemical or biological indicators, the expert takes samples from the inspection site and sends them to the laboratory.

The collection is supported by an act. The report is filled out on a special form or in any form in several copies - one for the examination report, one for the customer and one for each sample.

Stage 5. Development of diagrams and calculations

This stage is preparatory to the final one. The expert prepares diagrams and calculations based on the results of the data obtained during the study - analysis of documentation, visual inspection, laboratory research.

After preparing all the diagrams and calculations necessary to obtain the results, the expert will draw up a conclusion.

Stage 6. Report preparation

An official document with research results is prepared by an expert or expert commission, certified by signatures and seal. The report is based on findings that can be verified.

The report contains the following information about the examination:

time spending;
place;
grounds;
information about the body that appointed the examination;
data of an expert or expert institution;
the expert's awareness of liability for providing false testimony;
the questions that were investigated;
case materials;
objects of research;
information about the participants in the process;
applied methods;
content of the study;
research results;
evaluation of results;
justification;
conclusions;
application materials.

When should a forensic medical examination not be carried out after an accident?

A forensic examination cannot be carried out without the existence of grounds for its conduct. For example, if 2 cars were involved in an accident, the drivers of which did not receive any injuries and no one complains about deterioration in condition, then in this case, conducting an emergency medical examination is not mandatory.

Also on the topic: Documents required for transporting goods in Russia

In addition, its implementation requires the presence of an appropriate decision of the authorized body or a civil law agreement on the provision of this service.

How to conduct an independent examination - step-by-step instructions for beginners

In this section, we will analyze in detail how the examination is carried out: what steps need to be taken and in what order.

Step 1. Select a company

The main factor when choosing a company is whether it has the necessary licenses and accreditations to carry out the examination. Equally important is the expert’s specialization, work experience and education.

Special attention should be paid to the company’s reputation and reviews about it (for more details, see the article “Appraisal Company”).

You should not contact a company recommended by the insurance service - there is a high risk that the damage estimate will be underestimated.

The professional activities of an expert or an expert bureau must be insured by a civil liability contract. This norm is prescribed in the Law “On Valuation Activities in the Russian Federation”.

Step 2. We conclude an agreement

An independent examination agreement is concluded with an expert company. It guarantees the correctness of the expert’s actions during the study. Before concluding a contract, read the documents of the appraisers.

You also need to read the text of the contract, familiarizing yourself with all the clauses in detail. It is better to consult a lawyer and, if necessary, insist on changing inappropriate clauses of the contract.

You can familiarize yourself with a sample contract for examination.

Step 3. We provide the object for inspection

A mandatory stage of the examination is a visual inspection of the object. This inspection is mandatory. The date and time of the inspection will be communicated to all interested parties in writing.

The failure of one of the parties to appear does not affect the validity of the examination if all parties have been notified and this can be proven.

If one of the interested parties is an insurance company, it must be notified by registered letter or telegram. If this is not done, she will be able to challenge the study data.

Step 4. Waiting for the assessment to take place

After completing the previous steps, all that remains is to wait for the results. The timing of the examination is specified in the agreement concluded with the expert bureau. Their duration depends on the type of examination and its complexity.

The expert has the right to request additional materials for the study. If the objectivity and efficiency of the research is in your interests, you need to provide the expert with everything necessary as much as possible.

Step 5. We receive a report on the work done

The expert's report is used as evidence in court. At the pre-trial settlement stage, a copy of it can be sent to the other party as confirmation of your position.

After receiving the report, the other party to the conflict decides to either satisfy your demands or begin the procedure of challenging the examination.

At each stage, consultation with a competent lawyer will be an indispensable aid. Such assistance can be provided by the company Pravoved.ru.

On the website you can find out how to order an individual consultation. You can find a lawyer of any specialization and receive services without leaving your computer, online.

All legal consultants of the service have many years of experience and provide only high-quality and reliable legal assistance. The format for receiving answers to questions eliminates the possibility of error - you receive several answers from specialized lawyers at once.

In addition to free consultations, the site has paid services. But their average cost is two times cheaper than similar services from law firms. 97% of clients did not regret their decision after contacting Lawyer.

You too can evaluate the quality of the assistance provided by receiving competent advice from a specialized specialist at Pravoved.ru.

Timing of forensic examination after an accident

The current legislation quite carefully regulates the procedure and rules for conducting a forensic medical examination after an accident. But the law does not provide specific deadlines for the implementation of expert activities. This is primarily due to the fact that such work requires various studies. In some cases, to determine the severity of the harm caused to the victim’s health, it is necessary to conduct various tests and analyses, which can take up to several months. Accordingly, the law states that the examination must be carried out within a reasonable time.

In some cases, a forensic examination after a car accident must be carried out as quickly as possible. For example, if it is carried out to identify the causes of death, then the expert must give his opinion within 1-2 days.

In addition, it is necessary to remember that if the inspection is carried out on the basis of a civil contract concluded between the customer and the contractor, then in this case, the text of the agreement may indicate clear deadlines for the examination. If they are violated, the contractor may be held liable as provided for in the contract.

Also on the topic: CASCO payments in case of theft and theft

5. Professional assistance in conducting an independent examination - review of the TOP-3 appraisal companies

We have selected three of the best expert companies for you.

1) Grand Real

has been engaged in professional examinations for 13 years. The company's experts have at least three years of experience in the field and regularly take out insurance for their professional activities.

The result of the company’s services is an expert report with the status of an official document, drawn up in accordance with the Federal Standard.

Gran Real conducts an examination of:

real estate - residential and commercial;
land plots;
apartments for a mortgage loan;
companies and shares in them;
property;
valuable papers;
machinery and equipment;
damage.

The company is an accredited appraiser under Sberbank of Russia and is accredited according to AHML standards.

2) Theseus

provides independent expertise, legal support and settlement of insurance claims. The Theseus team includes specialists with specialized education and extensive experience. Experts are certified by government agencies and included in the register of the Ministry of Justice.

The company's employees have worked with and for insurance companies for many years, and therefore understand the specifics of working in the settlement of insurance claims.

The company carries out auto technical examination of damages for compulsory motor liability insurance, examination of vehicle insurance, assesses market value, deals with issues of warranty denial and settlement of insurance payments. You can contact the company for an assessment of damage, market value of real estate, transport and business.

3) Vega

examines all types of property. All of the company’s appraisers are members of the SRO with work experience, specialized education and have insured their professional activities for an average amount of 3 million rubles. “Vega” conducts all types of examinations, guarantees quick results, and offers low tariffs.

How to challenge questionable results of an independent examination - procedure

If the examination was carried out, but its result does not satisfy you, you can always take measures to appeal it. Let's figure out how to challenge the results of an independent examination.

Step 1. Formulate the grounds for appealing the results

The first thing you need to do is make sure you have grounds to appeal.

The grounds for appeal are as follows:

the procedure for carrying out actions does not comply with established standards;
the expert had reasons for bias;
insufficient qualification of experts.

If you've completed the first step, let's figure out what to do after.

Step 2. Contact an appraisal company

You need to act quickly: from the moment the examination is carried out and its results are received, you only have a month left.

First, contact the agency that conducted an independent examination with questionable results. Submit a written statement of objection to the expert opinion, listing the reasons for the appeal.

The Bureau's chief expert must respond to your application.

Step 3. File a complaint with the Federal Bureau of Expertise

After receiving the decision of the chief expert of the bureau, you have another 30 days. During this time, you must have time to file a complaint with the Federal Bureau. They will provide you with a written decision regarding your case. If it does not satisfy you, you will have to go to court.

Step 4. Submit a request for re-examination or prepare a lawsuit

Send a request to the bureau that conducted the examination with questionable results to conduct an additional examination.

If the company refuses or the re-examination again does not comply, file an appeal in court.

An expert can only be accused of an incorrect examination with the help of another expert, whose task is to officially identify his colleague’s mistake. He must analyze the expert’s work for completeness of disclosure, the presence of contradictions, abuse of authority and other violations.

How the re-examination takes place:

the client contacts another appraisal agency and enters into an agreement;
the client provides a complete copy of the expert’s report, with all materials;
Based on the contract and received materials, the expert bureau reviews the work of the previous expert.

It is better to do a re-examination before going to the Federal Bureau or court. This will add weight and argument to your application and increase the chances of a positive result.