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Auto Insurance Claims/Legal requirements of companies

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Expert: - 9/1/2010


Question
Hi, my name is Neal and I live in Alabama. I was recently in an accident in which I was completely at fault. This was obvious at the time of the accident. When I got out of the vehicle to see if the other person was physically hurt, he assured me everything was ok; as this was a minor accident. So I told him we needed, for his sake, a police report. He was in a hurry to catch a flight and said he did not have time to wait, so I gave him my insurance information and we parted ways. I told him at the time of the accident to get an estimate from a body shop and I would most likely pay out of pocket so my premium would not increase as this was minor damage. The next day, I tried contacting him several times, to no avail. I was then contacted the day after that, by my insurance company, and informed that he had already filed the claim. My question is: are there no regulations as to whom and how a claim can be filed; even if there is no police report? I did not think it was legal for someone who is not the policy holder to file a claim without documentation of the accident. Please advice. Thank you for your help.

Answer
Hello,

I do not know if it is legal. I am not an attorney, however relating back to my experience with claims for more than 17 years, I have seen claims filed against someone's policy without the insureds knowledge.

I have seen this done fraudulently as well.

After all, you being naive and honest gave him card blanche by giving him the insurance information. He can claim injury even if he was not hurt. He could say pre-existing damage is related. Worse yet, you have no police report on damages.

Did he have a driver's license, insurance? Why was he really in a hurry and couldn't wait for a cop?


Its too late now, but if you are on a public roadway and involved in an accident, never give your insurance information without a police report to document the damages and injuries.


You can't be blamed. You did not know, but there a lot of crooks out there and you might have run into one. Pun intended.

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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