In the case of a material failure resulting in an accident, a dispute arises between customer and manufacturer over the question whether the component was too weak or whether the overload exerted on it by the user was too high. There are always two components in such kind of disputes: the legal one and the technical one. We as experts are responsible for the technical side and must not provide legal advise.
Before you commission an expert with the preparation of an expert report you should therefore seek advise from a lawyer as to the question whether the preparation of an expert report is reasonable outside a court procedure. In many cases this produces costs, though in court the expert report is rejected completely without stating reasons from the opposite party. Our recommendation is therefore: arrange for an immediate preservation of evidence by one of our bicycle experts.
After an accident or other damage possibly caused by the bicycle we arrange for an immediate preservation of evidence by one of our bicycle experts.
In case of disputes between supplier and bicycle buyer, for example, due to a defect or material failure, it often suffices to preserve evidence before the disputed component is left to the supplier for checking.
If necessary, i.e. when no agreement is reached, an expert report can be issued on this basis. An early preservation of evidence is always reasonable, when the traces are in danger of being erased, for example, due to corrosion.
Speaking from experience we recommend that you arrange the preservation of evidence in any case, before handing over the bicycle or the components.
