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About 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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Auto Insurance Claims - Settler insists on writing chk to bodyshop not me

Expert: Rob Painter, Ase, CFEI, CAFATE - 10/31/2009

Question
Grocery cart wrangler damaged my car in parking lot. Insurance companies are not involved. Although, I have agreed to sign waiver, Ikea contractor in charge of grocery cart collection admits liability, but will not write the $860. check to me personally but only to body shop were I got one of the estimates. I don't want it repaired until spring and haven't decided where to have work done. Is there any law I can cite to change his mind, forcing him to write the check to me personally?

Answer
Hello,

Well, he is just looking out for himself and does not want to enrichen your pockets. I don't know exactly what to tell you here. He is offering to pay for the repair, if in fact that is what it costs.

I really don't see where you can get the actual cash benefit here. You could however sign a waiver and ask him to pay you half the amount and you can live with the damage. That might work.

I am afraid if you take it to small claims court, you may win, but you may end up with even less.

I am not a lawyer and am not giving legal advice. My thoughts are based on over 20 years of insurance claims handling.

You could pay a lawyer in your state to review the situation, but you are going backwards this way too. I think he has you over a barrel and the only option you have is to negotiate.

If he suggested that you go to one of his buddies for repair, he can't do that. The waiver is most likely to settle the situation and close any liability on his part. It appears as though he does not want you keeping the money without having the repair done, so you could just walk off with $800 of his money. I can see your point and I can see his. See if you can sign the waiver for half the money. It still puts you ahead if you are not going to fix it and if you go his way, he is making you whole, which the courts require.

Rob

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