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Auto Insurance Claims/Comprehensive claim

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Expert: - 5/12/2009


Question
My vehicle was stolen, stripped, and vandalized. USAA said that there were prior damage to the vehicle which there were. A deployed airbag(passenger), driverside aftermaarket steering(no airbag), and the airbag sensor. Basically, the insurance is saying that these prior damage totals up to more than what the current vehicle value is. They are saying that I will be getting nothing back. I feel that I have been robbed by the insurance company; they basically sold me a policy that I shouldn't have even been eligible for if what they are saying is correct. Judging from what I have been reading, it seems that insurance claims are just offers, correct? meaning that there is always room for dispute/negotiations. I am not really sure what to do at this point. Any advice is greatly appreciated. Thank you very much and this site is a very good thing that has happened. Wish there were more sites like this for other topics.

Answer
Hello,


I understand about the diminished value of the pre-existing damage, but you did not give me details about the situation. Were you paid for the crash damage from before and didn't fix it? Was it deemed a total at that time. Did you buy the car in that condition and no one from the insurance company asked you the condition of the vehicle before putting comp on it?

If you have an agent, give the agent a call and ask what was the sense in having comp if they were not going to cover the claim?

At the very least, your agent owes you a detailed explanation, why they took your money for comp if they knew about this damage before?

You can give me more details by emailing me at robo14@aol.com

Don't know if you have seen my site, but you might find it of great interest. I have had many compliments for the extensive information on the site. http://www.autotheftexpert.com

Rob

Hello Jesse,

Reviewing the information you sent me, I understand your point and I am on your side.

The problem is that your agent did not do her job, much like my agent who doesn't even let me know if I am late on my payments. The agent is only around to collect the money. Worthless.

I have successly opposed USAA before as an expert and don't consider them better than the other carriers or worse. It is just military sometimes gets a better rate, but you see where that got you.

I oppose insurance defense lawyers often. Its what I do. They can be underhanded and nasty. I have seen insurance companies spend $100,000 not to pay a $30,000 claim.

Bottom line, insurance companies usually get their way against the little guy unless I am involved and to be perfectly honest, I don't think you could recover after hiring an attorney and hiring me.

Its buck passing time. They will blame it on the agent and will go back to the pre-existing damage.

when dealing with the insurance company in these claims, you must be honest, with the caveat that honesty does not pay and is used against you.

Yes, you were ripped off. They should have never put comp or collision on the car and if it were me, I would at least be demanding the last 5 years of comp and collision nback, because they obviouly would not pay on the claim. It won't be a heck of a lot, but I think in small claims court you might be able to get that award, but remember as well I am not a lawyer and I am not giving legal advice.

Get quotes from other companies as well. Just because you are in the military, does not mean you are going to get the best deal from them.

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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