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Auto Insurance Claims/Rental Van Stolen after returned after hours

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Expert: - 2/2/2009


Question
I rented a budget rental van on a Saturday,  I asked the agent if I can return the rental van the same day even though they would be closed,  she stated yes just make sure I complete paperwork, park vehicle in the same space and drop paperwork as well as keys in drop box. I did exactly as  I was told.  Monday I received a call asking if I returned the van.  I said yes then the clerk told me that they review the camera and call me back.  Once she called back she said They viewed me returning the van and keys then 4am someone broke into truck and stole it.  
Now two months later I get a letter requesting a pay 755 for damages to truck.

Answer
Hi,

Please do not construe my answer as legal advice. I am not a lawyer.
This is how I would handle it.
First call the supervisor at the rental place and ask him what the bill is about.
Your rental ended the time you dropped it off. If infact there is video of someone breaking into the van, its not your problem.
If they continue to harass you, you may think about contacting an attorney and if you have to sue them, you should be able to get your legal fees back.

Try reasoning with the supervisor first and see where it goes.

Good Luck.

Rob

Auto Insurance Claims

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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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