Auto Insurance Claims/auto claims

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Expert: - 3/19/2010


Question
Lexus 2008 wheel was scatched and tire was torn a tiny bit. The ins. will pay for replacment which is around $900. I asked for an allowance instead and they claim I could receive $300 only. If I were to take my care and get my own estimate, would the ins. pay out the amount to me or the auto shop? I live in northern ca. and have AAA if this helps.

Answer
Hello,

I can only speak in general terms without knowing all the specifics to your policy and claim.

Here is how it works--If the insurance has to pay for replacement, they will pay the shop $900.00 allowing for mark up and labor. If they are to give you the cash, they will only pay a discounted amount because obviously with you stating the wheel is scratched and the tire torn a little bit, sounds like you will live with it.
In order to be fair, they most likely feel you do not deserve $900 to live with it. Only $300.

In essence, they are not going to make you better off for $600. Alln they need to do is make you whole.

Going to a different body shop will not make any difference now unless you know someone that will claim the wheel and tire was changed and will split the money with you. Do not attempt to do this because this would be fraud.

Take the $300 and be happy. Could be if you had a different insurance company, you could have got $0.

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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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