In the daily speech, when there is a road accident, often independent appraiser is called the independent expert, and the result of his work and made report of an assessment – independent expertise. These concepts are common in society, therefore and on our site in articles the used concepts and notions are often identical to “a popular slang”. Of course, it doesn’t change the status of the independent appraiser of property and the importance of its performed work and practical value. In principle, it even broader concept as not only vehicles get to a framework of the concept of movable subjects. According to the law movable property (a movable subject) – property (subject), which from one place on another can be moved without change of its appointment and in fact without reducing its cost, if the law doesn’t provide in a different way.
Usually in work of the appraiser (expert) methods of an assessment of recovery cost or comparative cost of property are applied, though combinations of these methods can be used or other more suitable methods are applied.
Methods of recovery cost
Methods of recovery cost are the calculations, defining the cost of restoration of the current physical state and the current operational properties of objects and usefulness according to the technologies and the prices of works, applied during an assessment.
The method of comparative value
The method of comparative value – the market value of property is determined, marking out distinctions between the estimated property and the compared analog, and then comparing the prices of offers of transactions with similar objects or the carried-out transactions. At an assessment of the damaged vehicle impairments are determined, for which calculation of restoration (repair) of the vehicle is carried out, but the appraiser of property doesn’t estimate an interconnection between circumstances of a road accident and damages of the estimated vehicle.
The constitutional court of the Republic of Lithuania in 2012, April 18 in the resolution noted, that according to the legal regulation of compensation of damage in Сivil Code of the Republic of Lithuania prerequisites for full compensation of the damage, done to the injured person, are created. The constitutional court also explained, that tortious law governs the public relations, resulting from illegal actions, therefore the person, responsible for done damage, has to compensate it completely. The damage is calculated according to the proofs, confirming the size of done damage.
The report on an assessment of property has legal force, which meets the requirements of the law, it is considered correct, until it is challenged in the order, provided in laws.
Supreme Court of Lithuania in 2010, February 17 in the resolution on a civil case No. 3K-3-82/2010 explained, that in the law of the Bases of an assessment of property and business it is said, that the assessment of property is provided in the report of an assessment of property, which has legal force, if it meets the requirements of the law. The report is considered correct until it isn’t challenged in the order, set by the law (the law of the Bases of an assessment of property and business 23, 24 articles). Our uniqueness is car-oriented specialization, specialization of assessment and also legal specialization in disputes with insurance companies because of determination of the size of the calculated damage. Also any other help in a road accident case.