Damage commissioner

Damage commissioner

Any person providing services authorized, on the one hand, to investigate the causes and ascertain the damage, loss and damage occurring to ships and to insured goods, and on the other hand, to recommend protective measures and damage prevention.
I. Legislative and regulatory references:

    Ordinance n ° 95/07 of 25/01/1995 relating to insurance modified and supplemented by law 06-04 of 20 February 2006 title 111, chapter II, articles 2270, 271 and 272.
    Executive Decree No. 07-220 of 29 Joumada Ethania 1428 corresponding to July 14, 2007 setting the conditions for approval, exercise and radiation of experts, accident auditors and actuaries with insurance companies.

II. Forms of practice of the damage commissioner:

The activity of commissioning of damages with insurance companies and branches of foreign insurance companies can be carried out by a natural or legal person.
These people are first subject to approval, the conditions of which are different depending on whether it is one or the other form of exercise of this profession.
III. Conditions for the approval of accident investigators (Obligations):
a) For natural persons. :

    Have good character;
    Diligently carry out their missions, in accordance with the customs and rules of the profession. In particular those relating to the deadlines for transmitting expert reports to interested parties;
    Comply with professional secrecy and respect for the rules of the profession;
    Be of Algerian nationality;
    Be resident in Algeria;
    Hold a university degree (s) related to the requested specialty;
    Justify a professional experience of five (5) years;
    Not having the status of salaried employee at the time of the request.

b) For legal persons:

Be under Algerian law;
Stakeholders must:

    Be of good character;
    Diligently carry out their missions in accordance with the customs and rules of the profession;
    Comply with professional secrecy and respect for the rules of the profession.

Speakers must hold university degree (s) related to the requested specialty.
IV. Constitution and submission of the approval file for the damage commissioner:
a) General:

Approval for the exercise of the damage commission is issued by the Association of Insurance Companies (UAR).
The accreditation decision specifies the specialty. It is notified to those concerned by the president of the association of insurance companies.
The approved accident investigators will be entered on the list opened for this purpose by the Association of Insurance Companies (UAR) which will be communicated to insurance companies and posted in any place (UAR) deems necessary.
b) Constitution of the approval file:

The approval is subject to the constitution of a file comprising:

1. For natural persons:

    A handwritten request specifying the specialty requested;
    The university degree (s) related to the requested specialty;
    Justify a professional experience of five (5) years. (Work certificates);
    A document justifying the provision of premises allowing the exercise of the activity (notarial deed or rental lease);
    An administrative (civil status) file, comprising:
        a birth certificate;
        a certificate of nationality;
        an extract from the criminal record n ​​° 03.

Photocopies of documents must be duly legalized.

2. For legal persons (which must be governed by Algerian law):

    A handwritten request from the chief executive officer of the company specifying the specialty (s) requested;
    A copy of the company's articles of association;
    A receipt for registration in the trade register;
    The university diploma (s) of the speakers related to the requested specialty.

Photocopies of documents must be duly legalized.
c) Submission of the approval file:

The approval file must be filed at the headquarters of the association of insurance companies (UAR).
V. The missions of the damage commissioner:

The general missions of the damage commissioner are:

    to investigate the causes of the incident and to establish its materiality;
    determine the nature and extent of the damage;
    to estimate and / or assess the damage;
    draw up a report on all the findings.

In addition, the damage commissioner is empowered:

    to recommend precautionary measures in the interest of the owners of the cargo and of the insurer;
    to take all actions aimed at preventing damage to goods.

VI. Sanctions and penalties:

In the event of serious misconduct or breach of professional obligations and requirements, the penalties provided for by law and incurred p