Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

It is registered 

Ministry of Justice

Russian Federation 

On October 1, 2014 No. 34212

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 19, 2014 No. 433-P

About Rules of conducting independent technical expertize of the vehicle

Based on article 12.1 of the Federal Law of April 25, 2002 No. 40-FZ "About obligatory civil liability insurance of owners of vehicles" (The Russian Federation Code, 2002, No. 18, Art. 1720; 2003, No. 26, Art. 2566; 2005, No. 1, Art. 25; No. 30, Art. 3114; 2006, No. 48, Art. 4942; 2007, No. 1, Art. 29; No. 49, Art. 6067; 2008, No. 30, Art. 3616; No. 52, Art. 6236; 2009, No. 1, Art. 17; No. 9, Art. 1045; No. 52, Art. 6420, Art. 6438; 2010, No. 6, Art. 565; No. 17, Art. 1988; 2011, No. 1, Art. 4; No. 7, Art. 901; No. 27, Art. 3881; No. 29, Art. 4291; No. 49, Art. 7040; 2012, No. 25, Art. 3268; No. 31, Art. 4319, Art. 4320; 2013, No. 19, Art. 2331; No. 30, Art. 4084; 2014, No. 30, Art. 4224) this Provision affirm rules of conducting independent technical expertize of the vehicle.

1. Objects of independent technical expertize (further - examination) are:

vehicle of the victim or remaining balance of the vehicle of the victim;

other vehicles involved in the road accident provided for examination;

other objects involved in the road accident in which harm was done to the vehicle of the victim and which research is necessary for establishment of circumstances and reasons of damages of the vehicle.

2. Expertize is carried out on the basis:

registration documents on the vehicle;

the documents on the road accident transferred to the victims to the insurer (or their copies);

certificates of the road accident (in case of its availability);

the directions for examination in case of availability of the agreement on expert servicing signed between the expert organization (expert-technician) and the insurer;

other documents processed upon and to circumstances of the road accident.

3. For conducting examination the insurer, the victim who got referral for examination at the insurer or ordering conducting examination independently in case the insurer did not organize examination of the vehicle of the victim at the scheduled time, or ordered repeated examination involves the expert-technician (the expert organization) based on the relevant agreement.

4. Primary expertize is carried out by the expert-technician (the expert organization) in the statement of the insurer (victim).

In case of disagreement of the insurer (victim) with conclusions of primary examination repeated examination is carried out by other, the expert-technician (the expert organization) who was not carrying out primary expertize, on the same questions and the bases.

Additional expertize is carried out by the expert-technician (the expert organization) in the statement of the insurer (victim) for research of additional questions or circumstances which were not considered in primary examination or repeated examination.

5. When conducting examination the expert-technician (the expert organization) has the right: request information necessary for conducting examination from the insurer (victim); receive from the insurer (injured) explanation and the additional data necessary for examination implementation; recruit in conducting examination of other experts-technicians (the expert organizations) and specialists.

6. When conducting examination the expert-technician (the expert organization) shall (shall): report to the insurer and the victim about impossibility of the participation in conducting examination in case of the circumstances interfering conducting examination; ensure safety of the documents and objects of research received from the insurer (victim) and the third parties during conducting examination; not disclose the confidential information obtained during conducting examination and results of examination, except as specified, stipulated by the legislation the Russian Federation.

Cases when belong to the circumstances interfering conducting examination by the expert-technician (the expert organization):

the expert-technician (the expert organization) is founder, the owner, the shareholder, the insurer (client) or the service employee of the insurer;

the expert-technician or at least one of experts-technicians of the expert organization consists in close relationship with the victim;

the insurer (victim) is founder, the owner, the shareholder or the service employee of the expert organization.

7. The expenses connected with the organization and conducting repeated examination are paid at the expense of the initiator of its carrying out if the agreement between the insurer and the victim does not establish other.

Under the organization of repeated examination the expert-technician (the expert organization) shall be notified (it shall be notified) by the initiator of its carrying out on availability of already carried out expertize, and other party (the insurer or the victim) in writing are beforehand notified on the place and time of conducting repeated examination. If the initiator of examination (the insurer or the victim) has no objections on contents of already available inspection report of the damaged vehicle, then expertize can be carried out without survey of the vehicle, based on the available act, with obligatory specifying on it in the expert opinion.

8. Conducting examination comes to the end with creation of the expert opinion which is drawn up in writing. The expert opinion shall include:

full name, form of business, the location of the expert organization / surname, name, middle name (in the presence), the residence, date of state registration of a person as an individual entrepreneur and data of the document confirming the fact of entering into the Unified State Register of Private Entrepreneurs of record about the specified state registration;

sequence number and date of creation;

the basis for conducting examination of the vehicle (with details);

surname, name, middle name (in the presence) the victim - physical person, or full name and the location of the victim - the legal entity;

the list and the description of the objects provided by the insurer (victim) for research during examination and also complete data of the vehicle, including run and start date of operation;

date of damage of the vehicle (date of the road accident);

data of the vehicle of the insurer (with indication of on the fact of its survey or specifying of the document from which information on the vehicle is obtained);

data on documents, including on insurance policies of obligatory civil liability insurance of the victim and guilty of the road accident, considered in the course of examination, and full names of the insurance companies which issued them;

the questions requiring permission in the course of conducting examination;

the list of the normative, methodical, information, program and other support used when conducting examination; the description of the conducted researches;

restrictions and limits of use of the received results of examination; conclusions about circumstances on which to the expert-technician (the expert organization) questions, but which were established by he (she) in the course of conducting examination were not raised;

conclusions in general on examination and each of the questions posed.

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