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Auto Insurance Claims/Auto Theft Being Considered an "Accident"
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Question
Hi,
I have State Farm insurance, and my car (Nissan Maxima) was recently stolen from outside my house. When it was recovered (at a private parking lot), there was heavy damage to front driver's side of the car. In addition, left in the care were personal items in the car that were not mine, including clothing, prescription medication, and personal mail (yes, I know the guy's name). The police recovered the items and are holding them as evidence, but do not appear to be prosecuting at the moment.
However, there was no forced entry into the car and there was a key left in the ignition. It is not either of my keys, as both my sets were still in my possession at home. I don't know what this key is, but it is a Nissan key, and I can only assume it's some sort of Nissan master key, but don't really know.
State Farm is considering it a total loss, and are in possession of the car. However, since there wasn't any forced entry and there was a key there, they are considering it an accident, NOT a theft (basically accusing me of crashing and lying). I don't really understand how, as the police department has the evidence and still has the file open. However, I don't really know how to fight it.
My questions are these:
- In your experience, have you heard of these master keys? I know I have all my keys, so I don't know how he would have gotten a copy.
- How do I fight this with the insurance? I have sent them the police report, and they have the car, but I'm not sure how to fight this. In order to collect my compensation (I have comprehensive for collision, so either way it will be covered, but I don't want this on my record), they are requiring me to sign something that says the total loss is due to an "accident", with no mention of any theft. However, I don't want this to go on my driving record.
Thank you for your time and advice.
Hello,
You need to call me. This is what we do.
There is no such thing as a Nissan master key. However it does require more investigation. Its stupid these days to try to determine forced entry when vehicles have electronic locks. Of course there are uninformed claims people and stupid experts with crystal balls that can determine anything the insurance company wants or will pay for.
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Answers by Expert:
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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