Auto Insurance Claims/False Claim

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Expert: - 2/9/2009


Question
I recieved a phone call from my landlord who told me that two of his employees saw me hit my neighbors car and then drive off.  This never happened.  
On the day in question, the two employees that allegedly saw me hit a car were plowing our apartment parking lot.  I think, I don't know for sure, but I think they hit her car on accident and because I was out there that day, they are trying to pawn this off on me.  I keep getting phone calls and letters from Geico claiming that I owe money to fix her car.  What do I do?  There is no police report nor mention of my vehicle in the letter they sent me.  Do I need a lawyer?

Answer
Hi Sophia,

It all goes back to proof. Is there paint transfer from your car to the other car? Is there any type of damage that can prove you did this?

Unfortunately, you are in a situation. Contact a lawyer and ask what type of case they have to implicate you.

Two eye witnesses may sound compelling, but if they work together plowing snow, it may be in their best interest if they damaged the car to implicate you.

If the lawyer says to tell them to pound sand, take the lawyer's advice.

You may even ask the lawyer if you have any recourse againsty the eye witnesses.

Good luck,

Rob

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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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