Auto Insurance Claims/Auto Damage :(

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Expert: - 11/12/2008


Question

11/11/2008
Yesterday I went to a plaza that is pretty close to where I live, meaning I go there pretty often.  I park the way I usuall park, get a pedicure, and on my way out, I hear a terrible noise, I stop the car only to find half of my bumper partially detatched. I looked at the cement block and it has a large iron rod comming out of it, the rod thats usd to keep the cemen block in place was poorly assembled, and cause mycar a great deal of damage. I drive a mercedes c230, and yes, its low profile, but there is no excuse for the kind of damage that rod did to my car. I called teh cops for a poice report, even though the poice say its my fault, property damage or what not, I still got a report. I took pictures of the rod, and of how every single other cement parking stop had no protruding iron rod like mine. However, I do not know what steps to  take from here. I hate this whole situation and i don't think it's fair that I am held  rexsposible for my vehicle damage, when what they have there is not only damaging to my vehicle, but a potrential risk to anyone who mightfall and end up gettingg severly injured. I just don't know what to do, and I hope you can offer some advice for my situation, it would be largely appreciated.

Answer
Hello Vanessa,

Please excuse me if I sound bewildered.

You could look at this from a different perspective. What if the owner of the parking block wanted to sue you for your vehicle damaging the cement block exposing the rebar (iron rod).
Yes, the 230 is low profile just like many other sports cars out there and you need to be careful of such collisions. My Alante is low profile and I damaged the wind deflector under my bumper misjudging the parking lot. This stuff happens. If it is anyone's fault, it is the driver's no matter how you slice it.

Rob

Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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