Expert: Rob Painter, Ase, CFEI, CAFATE - 5/26/2009

Question
Its been 60 days since my vehicle was stolen and whenever I call the insurance company they tell me they are still investigating. The insurance company has taken my vehicle away for some sort of investigation. I am not sure what are my options. Can you suggest a good lawyer in Houston to handle my claim. Thanks

Answer
Hello,

I am sure I can set you up with an attorney in Houston, however there is nothing you can do right now. I would be VERY concerned as to where they took your car for the locksmith expert or fire investigator to examine.

You can do nothing until they deny your claim. The insurance company cannot be intimidated if you hire a lawyer at this time. They are used to threats from attorneys and unless suit is filed, it is brought on deaf ears. You can't bring suit until they deny your claim.

Just some personal advice from my extensive experience in these matters, not to be confused with legal advice: Stop talking to them!! You may not be aware, but everything you say is being recorded in the insurance notes. I have seen such notes from claims reps even inferring tone (i.e. NI hostile today). NI is named insured and in the notes your vehicle is referred to a iv.


Granted, you have to cooperate or they will deny you, but I have not heard where they had to have the car moved for investigation purposes.
Generally these guys go where the car is located.

Who is to say that your vehicle is not being tampered with? Since these independent experts work only for insurance companies who keep them lined with assignments, how do you know that they took care and custody of all evidence?

Not all of these insurance investigators are in the insurance company's pocket, but many are.




Your situation is this--You are going to be denied, but they can stroke this as long as they want.

I know you don't want to hear this, but I have been on both sides of the fence here for 20 years.

The reason for the investigation is not determining who stole the car. Its sole purpose is to implicate you even if you are innocent. The special investigations units (SIU) are composed of ex-cops and their job is to intimidate you in hopes you will recind the claim.

You need to go here first and it tells you everything you want to know: http://www.autotheftexpert.com

Then after you have reviewed everything, give me a call.

When someone is arrested, that person is given Miranda rights, where everything you say will be held against you. The same applies here, but you are not warned. They will take every word you say and turn it on you. That's their job, to keep from paying claims.

Its a numbers game. Deny 100% of the theft claims and only maybe 5% will contest the denial. They make money by not paying the other 95%.

If your car is equipped with a factory anti-theft system, according to them and their experts, your vehicle is impossible to steal. Of course that isn't true, but the insurance company will fall back and say, that is what they were told by their independent locksmith. The problem here is that locksmithing has nothing to do with theft.

If the factory that makes the cars does not warranty against theft, that tells you the vehicle can be stolen. Yet, evidently the insurance companies know more than the factory.

Read the site and give me a call. You are not alone if you are an innocent victim going through all this. I do these cases on a daily basis across the country. In fact, I am the only one I am aware of that will oppose the insurance experts across the US and Canada.

Rob