Auto Insurance Claims/CAR TOTAL/LOSS??

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Expert: - 7/27/2010


Question
MY CAR WAS REAR ENDED. THEIR INSURANCE COMPANY SAID IT WAS A TOTAL LOSS. THEY WANT TO GIVE ME $2189.00 IN EXCHANGE FOR THE TITLE. I CAN NOT FIND ANOTHER CAR IN AS GOOD A SHAPE FOR UNDER $3000.00. DO I HAVE TO ACCEPT THERE OFFER. OR IS THERE A WAY TO GET WHAT I FEEL THE CAR WAS WORTH. THANKS, GENE

Answer
Hello,

The insurance companies go by fair market value. Most people think their car is worth more than it was and feel they were cheated by the insurance company. Just because you feel it was worth more does not mean that the insurance company will pay more.

Being in a wreck sucks. It seems like you are penalized for being in the wrong place at the wrong time. I guess the truth to that statement is that you are and there really is nothing you can do about it.

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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