[Direct answer]In the Beijing area, applicants can request a re-appraisal if they meet the statutory conditions. If the parties have objections to the appraisal opinion on the disability level, they cannot automatically request a re-appraisal. Instead, they must file an application in the litigation process and meet the statutory conditions, such as the appraisal institution or appraiser not having the corresponding qualifications, serious violations of the appraisal procedures, obvious lack of basis for the appraisal opinion, or omission of appraisal items. The People's Court will review the application and decide whether to grant it. Outside the litigation process, if one party commissions an appraisal on its own and the other party does not recognize it and raises reasonable objections, the court will usually also grant a re-appraisal. Therefore, the key lies in whether there are legitimate reasons and corresponding basis, rather than simple dissatisfaction or grievance.

I. Problem background and typical scenarios

The victim receives the appraisal conclusion and feels that the disability level is too low and the compensation amount is not satisfactory; the obligated party may believe that the level is too high. Some people also seek appraisals from institutions on their own, but the other party does not recognize the results and requests a re-appraisal. When dissatisfied with the appraisal opinion, how to raise objections in accordance with the law and whether it is possible to apply for a re-appraisal require understanding of the statutory conditions and procedural requirements.

II. Key points of contention

Firstly, the statutory conditions for applying for a re-appraisal. Secondly, the procedural differences between appraisals conducted during litigation and those commissioned by the parties themselves before litigation. Thirdly, the legal effect of unilaterally commissioning an appraisal and the handling of the other party's objections. Fourthly, the limitations on the number of re-appraisals and their consequences.

III. Professional analysis by Henglue Lawyers

First level: Legal basis: According to the laws and evidence rules of civil litigation, if the parties have objections to the appraisal opinions and there are statutory circumstances, they may apply for a re-appraisal. If the people's court permits a re-appraisal, it is generally limited to one time. Second level: Common circumstances for permitting a re-appraisal: The appraisal institution or appraiser does not have the corresponding qualifications, the appraisal procedure is seriously illegal, the appraisal opinion is obviously based on insufficient evidence, the appraisal opinion contradicts the facts ascertained, or there are omissions in the appraisal matters, etc. Third level: Handling of appraisals commissioned by the parties themselves: Appraisal opinions commissioned by one party before litigation may be permitted by the people's court if the other party has evidence or grounds sufficient to refute them and apply for a re-appraisal. Therefore, appraisals commissioned by the parties themselves are not necessarily invalid, but their evidentiary effect is relatively limited. Parties should preferentially choose appraisals commissioned by the court in litigation to enhance the admissibility of the appraisal opinions. Fourth level: Practical points: A re-appraisal application should be submitted in writing within the evidentiary period, stating the specific reasons and submitting the basis. If necessary, apply for the appraiser to appear in court for questioning, or apply for supplementary explanations and re-appraisals on the doubts in the appraisal opinions. If there are only flaws in individual matters of the appraisal opinions, priority should be given to applying for supplementary appraisals rather than overall re-appraisals, so as to improve the efficiency of handling and reduce costs. In addition, the appraisal opinions as evidence must be subject to cross-examination. Parties may put forward opinions on their authenticity, legality and relevance, and the court will comprehensively review and judge whether to accept them. Henglue advises that applying for a re-appraisal should not be based solely on subjective dissatisfaction. Reasons should be organized around three aspects: qualifications, procedures and basis, while weighing the time cost of re-appraisal and the uncertainty of the results.

IV. Practical suggestions and legal basis

The first step is to carefully review the appraisal opinion and compare it with the medical records and diagnostic materials to identify any issues with the grading, procedures, or underlying evidence. The second step is to apply for a re-appraisal in writing within the statutory time limit, stating the legal grounds and attaching evidence. The third step is, if there are doubts about the appraiser, to request the appraiser to appear in court or to apply for a supplementary appraisal or explanation. The fourth step is to assess the cost and risk of the re-appraisal and, if necessary, decide whether to apply for it with the assistance of a professional lawyer. The main legal basis: the provisions on appraisal in the Civil Procedure Law of the People's Republic of China and the provisions on re-appraisal in the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (effective May 1, 2020). The specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

Re-appraise the three sentences: Not agreeing with the result doesn't mean you can redo it. There must be statutory circumstances; qualifications, procedures, and basis are the three breakthrough points; re-appraisal is generally limited to one time, and it should be evaluated carefully. For cases involving personal injury and disability appraisal, it can be done throughPersonal injury and medical disputesThe service obtains an overall solution, and in the case of work-related injuries leading to disability, it can be combined with other services.Labor arbitration and work-related injury compensationFor cases involving the recovery and enforcement of compensation, you may refer to the following provisions:Creditor's rights and debts, and enforcementFor any questions or difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Can I request a re-appraisal if I'm not satisfied with the appraisal result?

Not necessarily. It must meet statutory circumstances such as the institution or personnel being disqualified, the procedure being seriously illegal, or the opinion being obviously based on insufficient evidence. The court will review the case and decide whether to allow a re-appraisal after that.

Q2: Under what circumstances can a re-appraisal be conducted?

Common situations that can serve as grounds for applying for a re-appraisal include the appraisal institutions or personnel not having the appropriate qualifications, serious violations of the appraisal procedures, appraisal opinions that are clearly based on insufficient evidence, omissions in the appraisal matters, or opinions that contradict the established facts.

Q3: How many times can I request a re-appraisal?

If the people's court permits a re-appraisal, it is generally limited to one time. Therefore, it is necessary to prepare sufficient reasons and materials to avoid missing the opportunity for relief due to being rejected again.

Q4: Is the appraisal done by an agency I found on my own valid?

It can be used as evidence, but its probative force is relatively limited. If the other party has evidence or reasons sufficient to refute it and apply for a re-appraisal, the court will usually grant the request.

Q5: What should I do if my application is rejected?

You can put forward cross-examination opinions on the appraisal opinion, apply for the appraiser to appear in court or apply for supplementary appraisal, and explain the reasons for rebuttal in the courtroom; at the same time, assess whether to assert your rights through appeal and other means.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.