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Auto Insurance Claims/Claim on hit and run

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Expert: - 7/27/2009


Question
I received a claim in the mail that I hit a parked car 90 days ago and they don't even have the tag number or information on the incident at all!  I did not hit anyone and would never leave any scene of an accident I was involved with ever.  Am I OBLIGATED to process a claim and get an adjuster involved?  Could they really hurt my credit by turning this claim over to "someone" in collections without a police report, witness etc?  I know I can show the vehicle I own wasn't wrecked, but to me it's beside the point.  It never happened and I'm upset to get such a claim in the mail and need to know what my legal rights are if I don't process a claim.

Answer
Hello,

I have heard of situations like this, but I would think the burden of proof would be on the person accusing you. If in collections, contact a supervisor and find out exactly what they are accusing you of.

Yes, this could affect your credit. You want to know your legal rights and for that I would suggest not taking any information off the web as legal advice. I would recommend you contact a local attorney to give you direction.

Even if you have to shell out a couple hundred bucks, it may be worth it to be represented and you could possibly get that money back in a countersuit. Look at the big picture. Is this claim they are accusing you of over $1,000? A couple hundred bucks is not bad then.

If you turn it in to your insurance company, this could cost you in premiums. Talk to an attorney.

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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