The third expert in expert contradictions

When in a procedure there are two expert reports with contradictory conclusions, the figure of the third expert may appear. Its function is to provide additional technical criteria that helps resolve the controversy and offer the judge a settling opinion on the discrepant points.

What is a third party expert?

The third expert is an expert who intervenes after the parties have provided their respective reports, with the aim of assessing technical discrepancies and issuing his own opinion. It is a frequent figure in the insurance field and can also appear in judicial or extrajudicial procedures.

Common areas of intervention

• Discrepancies between the insurer expert and the insured’s expert.
• court proceedings with contradictory reports.
• Technical arbitrations between parties.
• Tripartite appraisals in the insurance field.

How to designate

The designation of the third expert varies depending on the context:

Designation scenarios

• Insurance scope: normally by agreement between the two parties or by lottery between qualified professionals.
• Judicial scope: by decision of the court or at the request of one of the parties.
• Arbitration scope: as provided in the applicable arbitration agreement.

Technical function of the third expert

The third expert does not act as a legal arbitrator. Its work is strictly technical: it analyzes existing reports, reviews the basic documentation and issues its own opinion on the points of discrepancy.

Approach to the third opinion

• Analysis of the methodology used in previous reports.
• Verification of the measurements and technical data provided.
• Study of the applicable regulations.
• Independent technical assessment of the conclusions.
• Issuance of a final opinion.

Independence and responsibility

The third expert must act with total independence from the parties and the previous experts. Its technical and professional credibility depends on this impartiality, which is the reason why its opinion is considered decisive in many procedures.

court appearance and appearance

Like the party experts, the third expert can be called to ratify his report in court and answer the questions of the parties, the judge and the other intervening experts.

Legal issues

The procedural scope of the third expert’s opinion, the effects on costs and the resulting legal implications are issues that must be assessed by your lawyer, who will guide you according to the procedure and applicable regulations.

How to continue

For the ordering procedure, please refer to process. You can discuss your case from contact or the contact channels.