Auto Insurance Claims/stolen car

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Expert: - 1/8/2009


Question
My car was stolen on 12/15/08 and recovered the same day, the insurance company still has not sent me a check, its been almost 30 days, I am paying 300.00 a wk for a rental car, how long do they have to pay me for my car?

Answer
Hi Kathy,

It totally depends on many factors. Your policy should stte as to how long they have to rectify the claim. Commonly if this claim goes to the SIU, depending on the state and policy language, they can take as long as they want.
You state the vehicle was recovered the same day. Some insurance ompanies look at this fact as a fraud indicator. If recovered burned and not missing any parts, there are more fraud indicators. If equipped from the factory with a transponder "anti-theft" system, insurance companies because of ignorance feel such vehicles are "unstealable."

If these items fit your situation, you are probably under investigation.

The insurance company may dispatch an independent "Forensic Locksmith" that is not independent at all because almost 99% of the time, they will write a report in favor of the insurance company after examination of the vehicle, implicating you as the insured being involved in the theft of your vehicle.

The insurance claim is later denied and the only way you can fight them is with an attorney and me.

Commonly, I reveal; the flaws in the methodology used by the forensic locksmith used to make his conclusions that the car was last operated with a key of the proper type.

If you want to learn about this subject, go to my site at http://www.autotheftexpert.com

You will learn quite a bit about how insurance companies will use any tactic possible to deny a theft claim.

Good Luck,

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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