Welcome, you actually believe the forensic expert can determine it was your key last used before the theft?
The insurance companies are playing the percentages and figure that most won’t fight these auto theft claims denial cases, there by pocketing the claims cash they did not have to pay to profit!
Fight them if you are innocent! We eviscerate their “forensic” experts that have accused you of insurance fraud by inferrence!
This is like anything else I write, a long read, but filled with information that is nowhere else! Thank you for your time!
As the insured, once your vehicle is stolen, you are required to contact the police immediately and submit a report of theft. The second thing you need to do is contact the insurance company and notify them of the theft. Directly after the vehicle is reported stolen to the insurance company, you will be required to give a recorded statement. The statement will be a list of general questions you will be asked and I will give some examples:
- what time did you notice the vehicle was no longer where you had parked it last?
- Approximately, ho many miles were on the vehicle at te time of the theft?
- Are there any identifying indicators on the car (i.e. dented or scraped fender, license tag number, wheel style, etc,)
- Do you have any enemies?
- If there is a lien on the vehicle, ae you current with your payments?
- Who else other than yorself had access to your keys for the vehicle?
- was the vehicle in good mechanical condition?
- Do you have receipts for any work done on the car?
- Have you told anyone your car was stolen?
These are just some examles, but be aware you must be truthful, because it is difficult to repeat a lie, yet the truth can be told over and over again.
Also be aware that there are many mechanics to an auto theft investigation, and the answers you had given may be addressed at another time during another recorded statement, or an examination under oath (EUO). An EUO is a deposition not assigned to a court case and is part of a fraud investigation. It is sworn testimony, which will have a court reporter and possibly a lawyer representing the insurance company with a caveat. It has been my experience that often times the insurance company does not want to pay the over-inflated fees an attorney will charge, and in this case, the investigator will be asking you questions. It’s more cost effective that way, because the carrier is already paying the investigator.
You will find that the vehicle if recovered (and commonly if not recovered), will have an independent foresic examiner examine the ignition on the vehicle. Or in the case the vehicle is not recovered, the forensic locksmith will render an opinion as to how the vehicle was last driven using utter specualation and his imagination, without physical evidence.
See, from the time the claim is submtted with the vehicle being equipped with an anti-theft transponder, as far as the investigator is involved, they are already looking at the insured as submitting a fraud claim, because they are taught such vehicles can’t be stolen without the insured’s key. So as far as the investigator is concerned, you are a liar and they need to prove it from the conclusions of the independent forensic examiner, before he or she can proceed with a potential denied claim. The investigator cannot just call the insured a liar without proof! That is the reason there is so much emphasis on the key word “independent!”
The independent forensic locksmith, engineers or whatever they hold themselves out as have not been vetted by the insurance company for the quality of their work. They are put on the vendor list and procurred in these instances. There is nothing independent about the forensic examiner. He has a vested interest in the outcome of the claim. If his reports reflect favortism for the insured they will not be serving insurance companies in that capacity long!
The insurance investigator may or may not tell you forensics is going to be performed on the vehicle. What the investigator does not tell the insured, is that they can have their own expert at their expense present at the time of this forensic examination. Many times destructive testing is performed. They may take the ignition apart, but like putting toohpaste back into the tube, the evidence has been tampered with advertantly or inadvertainly. Without an insured having their own expert present at the time of the examination they are already at a disadvantage as it relates to the claims investigation.
In my opinion based on over 20 years opposing the insurance forensic experts, there is a tremendous amount of deception. Innuendo and assumption are used as facts! The use of a general one size fits all conclusion is common on about 98% of these cases. Combined with the claimed forensic title, the ignorance on the part of the lawyers, the jury and the judge, is used as an advantage to the expert. After all, the combination of these factors, serves as a losing case for the insured.
The insurance defense opening argument may be that the insured’s key was required to start and drive this vehicle. The vehicle is equipped with a very sophisticated anti-theft system and as our defense will demonstrate, the vehicle was last driven with a key of the proper type. It will be realized that the insured was upside down with his loan on the vehicle. They owed far more than the vehicle was worth. In order to just walk away from this liability the insured purchased “Gap” insurance to cover the difference between what was owed and what the vehicle was worth. The carrier has used due diligence to go over and beyond in the investigation as to how this vehicle was last driven, by the use of an independent forensic examiner.
Our case is rock solid illustrating that this was not and auto theft claim, but in fact a fraudulent claim was submitted!
(There are many variables in these cases, but I used an example that the reader of this article would understand. If the insured has anything in the past, such as a non-related felony, tax issues or anything else that can strengthen the case to a jury, it will be exploited to illustrate the insured was of very highly questionable character)
A tremendous amount of auto theft claims are denied. The insurance company plays the percentages here. Most of these denials are not contested, not because the insured had anything to do with the theft. The insured can commonly find it very difficult and expensive to retain an attorney.
Very few attorneys nation wide have little competence in fighting thee denials. Some when reviewing the denial letter stating that forensics was applied to the vehicle, may find that the potential client appears to be guilty as charged. In these scenarios, the insured is trying to suppport a negative and will have to convince the attorney they are absolutely innocent, and sometimes that falls on deaf ears! It can be extremely frusterating to retain an attorney in these matters.
I have heard of attorneys wanting to charge $10,000 and up just to take these cases. In these situations, I recommend to keep looking and don’t give up. The insured should be looking for a contingency arrangement. This means that the insured pays nothing unless they prevail. The attorney will get a certain percentage of monies when the insured prevails. These attorneys are out there. Onee just needs to spend the effort!
Since everyone assumes that opposing that insurance independent forensic expert is going to be a difficult task. You know you are not guilty, but the case they have built against you, there is no way to fight it. These people just go away, without realizing their credibility and reputation have been successfully attacked and recorded at ISO (Insurance Service Office), which is an exclusive database to all carriers. Your name is listed forever as committing fraud! You cannot get your name removed, even if you win a case! We have ways to protect the client in these instances. Lawyers know the law. I know auto theft claims protocol like no other!
These denials are built on a house of cards. I remove the forensic card, and the house comes crashing down! If innocent, one should never give up! Lets say your claim was valued at $15k. That is $15k the insurance compan did not pay out. Multiply this times 50 states and Canada, each and every work day. Auto theft claim denial is a perfect science!
A vast majority of the forensic experts in the auto theft field in my opinion are frauds and cannot support a conclusion with any certainty! We take no prisoners and have no mercy on these forensic experts! We are hated and feared when we oppose them!
The extremely common conclusion by these so-called forensic experts is that the vehicle was last driven with a key of the proper type. Amatures like the defense attoneys acually believe science was applied to render such a conclusion and that the insured’s key was last used to drive the vehicle.
If we were really dealing with forensics, we would not have the ambiguous conclusion that the vehicle was last driven with a key of the proper type. We would see a determination if the last key used was the insured’s every day use key, or less used second key was the last key used. Key of the proper type can be anything! It can be the insured’s key, the thief’s key and many variations! In my view, auto theft claims investigations are truly a scam to be used against insureds!
Insurance fraud is quite common, but unfortunately, innocent insureds get painted with the same brush!
In court, as experts we swear to tell the truth, the whole truth and nothing but the truth. Yet these forensic experts tell half truths all the time. Do they get caught? Absolutely, when we are retained as experts opposing the insurance company. The caveat though is that if they don’t have the correct defense team, they won’t prevail!
We certainly do have insurance fraud in these denials, however the fraud may not fall on the insured!
My CV (resume) is on this site for recview. Compare it to the so-called forensic expert’s background represent ing the carrier. My backgrounfd, training and experience is all real!
My opposition has gone to great lengths to destroy me and put me out of business, with no success! I even had a court case in which I was opposing the same expert on the same subjects for previous years and he was always on the losing side! Yet, in Dane v Geico, Las Vegas in 2011, I even ran into a very frustrating situation! The presiding judge told about 40 lies about my background training and experience in auto theft! She disqualified me from the case and I never had the opportunity to face my accuser! She did demstrate her utter incompetence though. She had stated I was never recognized as an expert in auto theft and forensics. It might have been a good idea at the time to check the nation wide database for vendors for Geico at the time. I was listed as and auto theft and forensic expert!–Duh!!! I was disqualified 9 months before I was even deposed on the case! The purpose for a deposition is to find out about my training, background and experience and how it relates to the case at hand!
How could she disqualify me without knowing anything about me? Exactly!
Now, I could have addressed each line of lies from the judge line by line, but I did not have to. 66 days before this state judge disqualified me, I was fully qualified in auto theft and forensics in a New Mexico federal court! Better yet, that case wasn’t just published on Westlaw, but the entire case is found on the Internet!
My experience with judges has always been a positive until this event! That is the only case that I was ever disqualified in, before and after during my career.
Don’t let the insurance company intimidate you! Obviously, there is no way anyone can guaranty that you will win your case. However retaing an attorney and us take your odds of prevailing from 10% to 95%!
Some may look at it as only a $5k case. You can’t look at it this way as some lawyers not familiar with these cases do. Depending on the state, there are punitive damages as well as compensatory damages, which can dramatically effect the value of the claim. Although not the norm, 10 years ago involving a hundred thousand + mileage Toyota which gave the case little value, the clients were awarded $250,000 each, plus $8,000,000 on appeal!
If you are charged criminally and are unfortunate enough to have a public defender, and concerned about how you could possibly afford us, not a problem! Most Public defendors have access to money to pay our fees. We have served as vendors for the counties and states commonly. The state or county picks up our costs. Many are not aware of this!
In the event you are charged with insurance fraud and we prevail, that can be where the real money is! Malicious prosecution!
We train the client attorney to everything they need to do to put on a winning defense in auto theft claim denial cases. About 95% of the court cases on my CV, we prevailed in! That says something!
Please feel free to contact us at: Rob@autotheftdefense.com or 1-866-490-1673.