In the event of a car accident claim, the car expert assesses the damage to your vehicle. It is by his report that you will be compensated by the insurance. But the expert does not have the last word.
You have just had a car accident, and your vehicle has suffered. As the receiver of a damage guarantee, you turn to your insurance company for compensation. Upon receipt of your claim, the insurance, to determine the amount of your compensation, may commission a technician to assess the damage, the car expert.
The Procedure: which is carried out at the expense of the insurance – is not methodical: some companies dispense with it when they estimate, given the declaration of loss, that the compensation will not exceed a certain sum (This is called the “franchise of expertise”).
The Expert Figures the Damage
The intervention of the expert often worries the insured, who fears to find himself bound hand and foot, subject to a decision that would be unfavorable. In essence, because the expert, with a diploma recognized by the State, is a qualified technician, specialist in the automobile. What’s more, he is independent of the insurance company that commissions him. Finally, his conclusions can be called into question.
Here’s How the Expertise Mission Goes
When he is contacted by the insurance, the expert goes – by appointment – to the repairer to whom you have entrusted your car.
Its role is first to recognize the damaged car, to verify that it corresponds to the insurance contract. Then, he analyzes the accident report and lists the damage, controlling the cause-and-effect relationship between the shock and the damage: in short, he checks that the accident has occurred as you claim ( it does not determine responsibilities, it is not his role, but he will denounce the sham if you claim that a moped has turned your car into a wreck).
You Can Attend the Work of the Expert
On your side, nothing prevents you from following the work of the expert. It is even advisable to attend his visit. If this is not possible, you can leave for him the documents that will be useful: besides the registration card and the report amicable, it can refer to the invoices proving the good maintenance of your vehicle.
Finally, the expert, in agreement with the repairer, defines the repair methodology (e.g. decide to change a damaged wing to be repaired) and encrypts the damage. If the cost of repairs exceeds the market value of the vehicle, the insurance, rather than taking over the repairs, will prefer to compensate the insured (who does not necessarily win). The expert report is sent to you and to the insurance company. You can dispute the expert report.
You Do Not Agree With the Expert?
You can ask for contradictory expertise. You will choose an expert yourself (consult the yellow pages of the directory). You will give him the grey card, amicable report and mission expertise (work order, written on free paper). This time, the fees will be at your expense.
If your expert and that of the insurance company reach conclusions that are almost identical, the litigation is no longer necessary.
If your expert and that of the insurance company evaluate the damage differently, you can use a Third-party procedure as an arbitration. A third expert, chosen by mutual agreement by the insured and insurance, will share his conclusions. Insured and insurance will bear his or her fees in equal shares.
The case will end amicably if both parties agree with the newcomer’s conclusions. The plaintiff files a summons to assign his opponent. Following a hearing involving all parties, the president of the court appoints a judicial expert whose conclusions will be taken into account for the judgment. however, you now will need a good car accident lawyer.