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Auto Insurance Claims/Auto theft in Mexico

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Expert: - 3/27/2011


Question
My car was stolen in the Tijuana area, just a few miles from the California border.  I had Mexican liability insurance, but believed my California comprehensive policy covered any other losses.  My insurance company is attempting to deny the claim based on a territorial exclusion.  I thought both by the California Insurance Code and usual and customary practices that any such losses were covered in a border State such as California.  I never signed any specific waiver of coverage -- I wouldn't have done so seeing as I travel into Mexico often.  I bought the policy when I purchased the vehicle several years ago and when I have renewed the policy I never got an updated comprehensive copy.  The "exclusion" they sent me is not part of my original policy.  Am I covered?

Answer
Hello,

This is something I just can't answer. I don't have any of your insurance policy information. I will however give you an attorney in the San Diego area that specializes in this and you can find him on the web. His name is Dave Solo.

This may cost you a little bit to see where you are at with this, but you have no choice. I have dealt with Dave on occasion and have found he is very good at these issues. If he finds you should be covered, he is the man that can file suit against the insurance company.

Good luck!

http://www.autotheftexpert.com  

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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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