Appealing a vehicle technical inspection

What is an auto-technical examination?

An auto-technical examination of a road traffic accident (RTA) is an important tool for establishing the circumstances of a crash, determining liable parties, and substantiating the amount of compensation. In the event of an accident, conducting an independent auto-technical examination can significantly influence the court’s decision. Engaging a lawyer who specializes in RTA cases helps drivers protect their rights and interests.

What is an auto-technical examination?

Definition and purpose of the examination

An auto-technical examination is a study carried out by an expert to determine the technical circumstances of an RTA. The purpose of the auto-technical examination is to provide an expert opinion on whether the driver’s actions and the vehicle’s technical condition complied with the Highway Code and other Ukrainian regulations. The examination also helps establish whether there is a causal link between the driver’s actions and the occurrence of the accident.

Key stages of the examination

Conducting an auto-technical examination consists of several stages. The first stage is the collection and analysis of the case materials, including the accident report, site diagrams, and statements from drivers and witnesses. Next comes the inspection of the accident scene and the vehicles. Based on the data obtained, the expert performs the necessary calculations and analyses. At the final stage, the expert prepares a conclusion setting out the results of the study and answering the questions posed.

Types of auto-technical examination

There are several types of auto-technical examinations depending on the questions posed and the case circumstances. The most common are: examination of the vehicle’s technical condition, examination of the RTA circumstances, and transport traceology examination, which studies vehicle marks and traces at the scene. If necessary, a comprehensive examination may be appointed with experts from different specializations. A lawyer’s consultation will help determine which type of examination is needed in your case and assist in obtaining a court motion to conduct it.

The lawyer’s role in RTA cases

Consultation and document preparation

In RTA cases, the lawyer’s role is crucial to protecting drivers’ rights. The lawyer provides advice on all issues arising from an accident, including the conduct of an auto-technical examination, and helps collect the necessary documents such as the accident report, site diagrams, statements of drivers and witnesses, and other materials required for an independent examination and subsequent court proceedings. They assess the situation from a technical perspective and provide recommendations.

Protecting the client’s rights in court

The lawyer defends the client’s rights in court at all stages of the RTA case. They represent the client’s interests, file necessary motions, and challenge unlawful actions or decisions. The lawyer also participates in hearings, presenting evidence in the client’s favor and refuting the arguments of the opposing party. If necessary, the lawyer appeals the decision to higher courts to obtain a fair outcome. The lawyer can also flag potential risks in the case.

Cooperation with experts

For effective protection in RTA cases, the lawyer cooperates with experts of various specializations, particularly auto-technical experts. The lawyer helps determine which type of auto-technical examination is required in the specific case and formulates the questions to be put to the expert. They attend the examination where appropriate, analyze the expert’s opinion, and use it to substantiate the client’s position in court. Expert consultation is often essential to resolving the case.

The process of obtaining a court decision

How to file a case with the court?

To file an RTA case with the court, you must gather all necessary documents, including the accident report, site diagram, the auto-technical expert opinion, and other materials confirming the circumstances. You must draft a statement of claim setting out your demands against the liable party and substantiating them with evidence. The claim is filed with the court in accordance with Ukraine’s procedural legislation. A lawyer will help you correctly prepare all required documents.

Stages of court proceedings

RTA court proceedings include several stages. First, the court accepts the claim for consideration and schedules a preparatory hearing. At the preparatory hearing, the court identifies the facts to be proved and the evidence to be examined at trial. Next comes the main hearing, during which the court examines the evidence and hears the explanations of the parties and witnesses. At the final stage, the court renders a decision. Engaging a lawyer at every stage of the proceedings is critical to protecting your interests.

Significance of an independent examination for court decisions

An independent auto-technical examination is highly significant for court decisions in RTA cases because it establishes the technical circumstances of the crash. The expert opinion is an important piece of evidence that can influence the court’s ruling. Independent examinations conducted by qualified experts help ensure an objective assessment of the accident and contribute to a fair decision on compensation.

How to challenge an auto-technical examination?

If you disagree with the results of an auto-technical examination after an accident, it is important to act promptly and correctly. The lawyers of “Pravovyi Lider” have extensive experience challenging biased or unqualified expert opinions. We analyze all case materials, prepare the necessary motions, and initiate a repeat or alternative examination. Protect your interests—contact us for a free consultation to learn how to properly challenge an unreliable opinion.