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Auto Insurance Claims/Bodily Injury Claim


I recently had a car accident. The driver already admitted to liability to the insurance company which was allstate. When the Allstate rep called me she talked to me for a while and asked if I wanted her to send me a check for 1000 for pain and suffering. I told her okay. After doing some research and getting the doctors diagnosis for me, I decided that 1000 was not enough. I called her back the very next day and told her that I did not want her to send me the check and I was declining the offer. A week goes by and she sends it anyway, then includes a letter stating that I could not make any other claims for bodily injury. How accurate is that information? Do I have the right to refuse the check and send it back with a formal demand letter asking for more money?


I am going to do this in two parts because of the urgency. Don't sign the check! That releases any future liability on their part.
Unfortunately, I am an expert on this subject the hard way.
I was rear ended in 1997 by a school bus on an expressway exit ramp.
18 years later, 10 herniated discs, two blown out knees, walking with a cane and living in unbearable pain every day.
I had the foresight for all of this.

Contact me this week and I will see if I can assist you. I have 2 decades working for and against insurance companies in the court system and I a m extremely successful.
Most these claims do not go to court, but you need to be educated.




Auto Insurance Claims

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Rob Painter, Ase, CFEI, CAFATE


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 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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