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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 - Total Loss Settlement

Expert: Rob Painter, Ase, CFEI, CAFATE - 11/9/2009

Question
Mr. Painter - My car was hit in front of my house a few nights ago and the damage to the car is more than the value of it and so the insurance company is considering the car a total loss. The claims adjuster called me today to inform me that the car has a branded title and was considered a total loss previously, but was repaired. He said that because of this the value of the car was greatly affected and they are going to give me only a $1000 settlement. The blue book value of the car is between $2500 and $3000. Since I was in no way at fault and had a perfectly good running vehicle until their insured hit my car I think I should be able to get the blue book value for the car. My copy of the title does not note that it was a 'reconstructed vehicle'. Do I have any recourse for arguing this point with the insurance company?

Answer
Hello,

Branded cars are worth 30-40% less. You may have a duplicate title, but obviously the insurance company knows the history of the vehicle.

You have no recourse. Many peple buy refurbished vehicles at a lower price, but never think ahead as to what happens if the car gets totalled no matter who is at fault.

The insurance company is not going to pay blue book on a vehicle that is branded salvage.

In fact, I have seen when such a vehicle is reported stolen, the insured is accused of being party to the crime because he would have made out getting blue book instead of salvage.

Bottom line, I feel bad for you, but there is nothing you can do. Even if taken to court, the court allows you to be made "whole" and in your case, the ins company is doing just that on a branded vehicle.

Having a salvage car can make it affordable for a newer vehicle, however when disaster strikes like it has done to you, you are basically out of luck.

Rob

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