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Auto Insurance Claims/Comprehensive Claim

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Expert: - 11/12/2008


Question
My car was keyed all around and my insurance sent an appraiser to determine the cost to repaint my car.  One week later, the insurance company sent me a check for $4000.00.  My question is this: If i can find a body shop that can do the work for 3,000, can i keep the $1000 difference to myself.  My insurance wanted me to give the name of the repair shop that I am going to take my car to and if they find out about the cost of the repair, will they try to recover that $1000? Legally, do I have to give up that money or I am entitle to keep it.  I am in California and the car has no lien holder.
Thanks in advance for your response
Kai


Answer
Hi Kai,


Here is the problem. You might get caught and that may not be good. There is always the possibility that the insurance company will try to get their money back. What if you save the thousand in repair by this shop and find out he didn't do the job right?

I am not a lawyer, but even if you watch judge Judy, you would see you are only to be made whole, not to better yourself.

Do the right thing. Either take it to a reputable body shop and have it repaired for the insurance price or if you opt to get it done cheaper (what are they going to leave out?) give the insurance company back the difference.
Insurance fraud has stiff penalties.

Rob

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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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