Auto Insurance Claims/insurance claim

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Expert: - 2/21/2010


Question
there was recently a crazy man at our house with a metal rod... he wanted a cigarette. when i refused to give it to him, he started trying to fight me and my father. in the end he smashed my windshield with the rod... ive only had insurance on this car for less then one month, i just bought the car. i have only liability coverage with no bodily injury on it. will they cover the windshield?

Answer
Hello,

you have 2 things going on here. You are not covered for this loss. In order to be covered you would need comprehensive coverage. Secondly if you had comp you would not want to use it here either because your rates may rise or they could drop you. It sucks, but insurance should only be use for catastrophic damage.
You can take the crazy man to court to pay for the windshield.

I too have a dilema. I have not had an accident in years. I just got a new carrier with full coverage. I had an accident and have a 1,000 deductible on collision. That is bad enough, but some jerk put a crease in the door of my rental car. I could turn this in as comp, but I might get cancelled. I will have to pay 800 from my pocket to fis that junk.
This is killing me and I am very angry at the Texan that did it. Like you found there are some real jeeks out there that don't care if they cost others money.

You can probably call around to junk yards and you might be able to get a used windshield installed for $150.

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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