Auto Insurance Claims/total loss

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Expert: - 1/15/2009


Question
hi there, my co-worker was discussing an issue that occurred in her home. her son, was in an accident. the car is a total loss. they are insured, brand new car, so full coverage. here's the problem, instead of calling the authorities to report the accident, he became nervous since he had recently had another accident, and reported it stolen instead. the officer did not believe his story, and has since been requested to testify to his stolen report under oath. it has been about 9 months since the accident, and is to this day making payments, on a wrecked vehicle. should he come clean now? what rights, consequences would he have? thankyou

Answer
Hi Cathy,

Your co-worker's son has a real problem.
You may suggest that he retain an attorney for legal advice.
In some states, filing a false police report is a felony-nervous or not.

If the story was given to the insurance company at the time of the claim he is looking at potential charges of insurance fraud as well.

I examine reported stolen vehicles for insurance companies to determine how they were last operated. Insurance companies do not take any type of misretepresentation lightly, nor does law enforcement.

Its bad enough that innocent insureds are persecuted and prosecuted and false claims like the one you are describing just embolden the insurance company's stance on fighting insurance fraud.

As I stated in the beginning, he needs a lawyer before he does this interview under oath. He needs a lawyer to prevent him for even beefing up a potential prosecutor's case of purjury as well.

See, the problem with lying, is that most including myself cannot remember to tell the same lie again. That's why I don't lie. No matter what the original rammifications like having a previous accident, you never lie to authorities about it.

The situation as you are desribing it can turn into a tangled web with no way out. A criminal defense attorney should know how to handle it.

Good luck to your co-worker

Rob

http://www.autothfetexpert.com

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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