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Auto Insurance Claims/Auto theft claim denial
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Question
Hello,
My BMW 650 was stolen on October 11th from in front of my parent's house. I filed a police report right away and filed a claim with my insurance co(Farmer's) first thing in the morning. I met with an investigator at my parent's house about a week later, gave him all my keys, which were all in my posession. We also talked about cars that have been vandalized on that street before. They also asked me for phone records for my husband and I which I provided. We didn't hear anything until about 45 days later when my husband and I received a letter for an EUO. The policy is in my husbands name but he was not present when the theft happened. The EUO lasted about 15 min for each of us. There was only a court reporter and an attorney present. He barely asked any questions reffering to the car theft or that day. He was more focused on our personal life life what school we graduated from 13 years ago and what college we went to. About 3 weeks late we received a call from our adjustor saying that they are denying the claim because we reported the car stolen on October 11th and the key shows that it was last driven on October 6th. The date and time in my car has never been correct and BMW confirmed that the date on the key goes by the date in the car. This was a question that I believe should've been asked at the EUO and I could've clarified the answer to them. Instead they did not want a clarification, it seems like they had already made their decision and just wanted to waste our time. I am also pregnant and was really sick when I had to got to the EUO, which was obviously for no reason. The adjustor also told my husband that there is a posssibility that the key can be wrong but it is not their responsibility to prove it.
Please give me advice on what to do, we have already made 3 payments on a car that does not exist and the payoff on the car is about $80k.
Hello,
You need to review the site http://www.autotheftexpert.com immediately and then contact me personally. Our firm is getting extremely busy because insurance companies are denying all theft claims because they can.
I will be available from now through the weekend and we can discuss your situation.
Rob
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Answers by Expert:
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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