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Auto Insurance Claims/stolen vehicle question

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Expert: - 2/7/2011


Question
my truck was stolen from my driveway.  two nights before my keys were stolen from a local casino.  They found my wife's van which was parked in the casino parking lot and stole it along with my cell phone which was in the van.  I filed a report with the casino security.  I didn't bother with the sheriffs office because it was on tribal land.  Well, I called my cell phone carrier and got the last few numbers that was dialed from my cell phone and started calling.  I got an answer from a guy and told him what had happened and that the person who called you stole my van and in a few choice words told him that I better get it back.  Well, about 10 minutes later I got a call from the thief.  He said he had to take some females home so he took my keys and van.  Why I don't know.  the guy seems pretty dumb.  anyway, he said he had returned my van to the parking lot and the keys were in it.  I called the casino and sure enough it was there.  The van was turned upside down and in the center console was a copy of my wifes drivers licence.  It was on the seat when I found the van. So i know he knows my address. and my truck key was not on the keychain when I got to the van.  The next morning my wife woke me up and said my truck was gone.  Sure enough it was.  i called the police and reported it stolen and called my insurance agent.  After all of that the question that i have is will my insurance company pay?

Answer
Hello,

I thought I was the one that had the stories of auto theft with our store repairing over 10,000 theft recoveries in 17 years.

I don't understand about the van being upside down.

I have no idea as to if the insurance company will pay and you will have to find out.

I am confused because you addressed the van and now you say your truck is gone. Are they the same vehicle?

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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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