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Auto Insurance Claims/leased car totaled

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Expert: - 11/14/2008


Question
If you lease a car from a dealership and onl have it for a couple months then it becomes totaled and insurance pays you for the car, does the money then go to the dealership or would it go to you? Cause you still owe the dealership for the car but say the accident was your fault. Who gets the money?

Answer
Hello Amy,

I am not a lawyer nor do I work directly for an insurance company. I do however anser a question like this based on my exttensive background working with insurance claims.

You have not given me all the details here. First one would think that the dealership would have put a lien on the title securing them as the benificiary, but it sounds like you got the check from the insurance company. You are entitled to nothing. It is not your car. If you keep the money, in my opinion this could get you charged with fraud. If the check went to you, give it to the dealer before it is too late.



Rob

Auto Insurance Claims

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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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