Auto Insurance Claims/release of claim

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Expert: - 1/23/2009


Question
My friendsigneda release form whichis accompanied by a 1000 dollar check, which he has notcashed.  Is he boundby the agreement, upon cashing the check, or signing it is enuf?  He may wish to not accept this offer, he was unsure about

Answer
Hi Clark,

I cannot give legal advise. I am not a lawyer.

Normally, unless specified for other claims (personal injury etc), signing of the check is the release. What makes you friend's situation a little different is that he had a seperate release.


You can have him ask an attorney, because the attorney can be specific instead of my general opinion. Based on my 20 years working with insurance claims, once the release was signed, relieved the insurance company from any more financial liability for repairing the vehicle.

We ran across this many times when repairing vehicles. The insured would sign the check as would our shop. The claim was now settled.
In the event there was supplemental damage, that check went directly to us and the insured recieved no more money.


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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