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Expert: - 2/10/2009


Question
QUESTION: Ok. I had an accident with a USAA insured driver and she was found guilty in court. Her insurance company decided to do their own investigation before trial and closed the case. The adjuster said things were looking good for me. My thing is why come I never received a copy of the results? Why didn't anyone give me a copy? Am I entitled to one? I am in the process of finding another lawyer, so I don't need legal answers. I was wondering if I am entitled to a copy of the results, being that I am the victim...regardless what the adjuster might say. The USAA insured driver was cited at the scene for failure to yield right of way and not having a dl. Please respond promptly. Thanks!

ANSWER: Hi Natalie,

I realize that you don't want a legal answer, nor can I give such advice because I am not a lawyer.

Depending on the state, most court documentation is available through the public records.


Most investigation reports done by the insurance company are confidential and you would not be able to get a copy, unless these notes were used in the court proceeding. Then unless sealed, you should be able to get this information.

I am a little puzzled that the USAA adjuster would tell you that things were looking good for you. If you had an attorney, the adjuster should not have said a word to you. Maybe to your attorney who represents you, but not you directly.

If this investigation by USAA was done internally and the information was not released in court, I do not see where you would be entitled to this information.

The investigation was on their insured. It would not be appropriate for them to release the notes to you, being that you are suing their client.


Rob




---------- FOLLOW-UP ----------

QUESTION: I was not clear. USAA was investigating the accident because they didn't think it would turn out in my favor.

Answer
Hi Natalie,

I guess my question to your latter comment would be; are you insured by USAA as well?

I can only give you my opinion based on 20 years of dealing with insurance claims. It has been my experience that any internal insurance investigation report or notes are confidential.

There have been instances my clients have requested investigation reports from the insurance company. Normally, it took the client attorney to file suit and request a judge through a motion for production of such documents.

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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