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Auto Insurance Claims/Don't want the car totalled.

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Expert: - 1/30/2009


Question
I rear ended someone today but I love my car and don't want it totaled. I have collision coverage for my car.  I'm willing to pay for some of the repair out of my pocket.  Will the insurance company agree to pay only part of the repair and not total it or if I agree to not get a few things repaired so they don't have to total it. And what kind of consequences will this have.

Answer
Hi Atif,

It has been my experience with the insurance industtry is that they don't want future problems. In fact, they had a saying "When in doubt, wash it out."

There have been far to many times I have experienced in which the customer promised too be happy with the repair and not have any complaints because they wanted to keep the car. Once the car was fixed, they would change their mind.
I do not know how your company will handle the claim, but for the most part in these situations, I have seen it rather common to total the car and be done with it.

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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