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Auto Insurance Claims/I need your opinion

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Expert: - 2/4/2009


Question
hi my name is justine, 2 weeks ago i was driving down the highway and the car in front of me stopped suddenly, if i didnt change lanes i would have hit it. I made a last minute decision and put my left blinker on while i switched lanes as fast as i could and kept on driving straight. About a mile down the way someone came running up to the car saying i caused an accident. It happend that a woman claimed i MADE her cut into the other lane and hit another car. There was no damage to my car or to the other car that got hit, just the lady that claimed i MADE her do it. Then she told me that car was a rental. Can you please tell me if this is my fault. I was avoiding an accident and didnt hit anyone..

Answer
Hi Justine,

I am not claiming to be an expert in this area, however you state you need my opinion.

Unless there are witnesses that can back up the woman's story and it can be proven, I personally would ignore such an accusation.
The reason would be; what's to say I didn't just abritarily go up and blame anyone for causing damage to my car, even if they were nowhere near me?

In fact, I have a dent on my rear bumper. Where do you live and what kind of car do you drive? Of course I am kidding, but this claim is just as ludicrous.

These days, no one wants to take responsibility for their own screw ups. If you don't feel you were at fault and there are no witnesses to corraborate her claims, ignore her.

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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