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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 - accident on private property

Expert: Rob Painter, Ase, CFEI, CAFATE - 11/1/2009

Question
was involved in an accident at my house where my friend left his car at my house and to my understanding he was comin by to pick it up. i knew the truck was at my house for 30 minutes or so but was unaware that his truck was still parked at my house the next morning and without check i backed right into it.i realized it was my fault and wanted to fix the damage he then stated to me that his dad didnt want to get the car fixed but he got an estimate to fix the truck and that estimate was $3,000. The truck he is drivin is worth approx. $1500 according to kelley blue book value. He wants me to pay him $3,000 to him and him not get his car fixed. He also agreed to me after arguing my case that if i would give him $1000 he would just take the money and forget about it. We didnt call the police and no accident report was written up, so my question is what are the laws regaurding having a wreck at your own house and in your own driveway and what should i expect to pay or is he just trying to get as much money from me as he can without getting the truck fixed?? i also stated to him that i wanted to get his truck fixed for him because his son(my friend) didnt want to drive around a damaged truck and i completely understand that but his dad isnt willing to work with me as to where to get the car fixed he just wants me to give him money...I was trying to take car of these damages without filing it with the insurance to keep my rates from goin any higher

Answer
Hello,

With friends like that, you don't need enemies. I cannot address the legal implications because I am not a lawyer of any state. I can give you some advice based on my 20+ years of claims handling.

First of all, the cops most likely would not have written a report on this because the accident happened on private property. They do not even get involved in crashes in shopping center parking lots.

As for the damage, sounds like it is 50/50. Your faultr because you didn't notice the vehicle and his fault for not making you aware the truck was parked there over night. He should have informed you or not blocked your way.

As for the ridiculous $3k claim on a $1,500 truck, that would not even hold up in small claims court because it sounds like he would better himself. The court only allows one to be made whole, not where they can make a profit.

If he argues that it was your fault for damaging his truck, your counter argument would be it was his responsibility to inform you the truck was there or he should not have parked it there. He left you in a situation that was not normal and you would not have had reasonable expectation his truck was parked there.

I find a minor crash like that on a truck causing $3k damage is hard to believe and makes me question pre-existing damage.

You may want to keep this person as a friend, but if I were you, I would feel like I was being hustled.

Bottom line, he has to take responsibility too and his dad trying to get $3K is robbery. Personally, if it were me, I would call it a draw. If the truck ran before, but now has a radiator leak, I guess I would pay that or if you kncked the headlights out, replace them, but other than that--tell him to pound sand.

Rob

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