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Auto Insurance Claims/Re: Auto Insurance Deductible

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Expert: - 6/22/2010


Question
Re: Auto Insurance Deductible

Dear Mr. Rob Painter:

My car was hit bay another car when I was backing up. My insurance company Nationwide says I can go ahead to fix it, but I have to pay $500 deductible until it is determined that it was the other driver's fault. He said ha has not been able to contact other side's insurance company. It's been many weeks already. Isn't there any time limit in law that the insurance company has to pay the deductible? They can keep telling me that it was not decided because they cannot contact the other side and keep avoiding paying the deductible. I have not repaired my car because I want to make sure I will get paid for all.

Answer
Hello,

Here is how it works; as the insurance company told you they need to speak with other driver in order to decide who was at fault. There is no limit on time before they have to cover the deductible. Most insurance checks are only good for a certain amount of time and it is stated on the check. If you wait too long to repair they will have to issue a new check. You cannot rush an insurance company.

Your claim has lasted weeks, when many of my clients go years.

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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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