My specialty is auto theft claims investigations and opposing the purported third party forensic locksmiths that indirectly accuse the insured of having the last key for the vehicle at the time of the theft. It could be said I am an expert on those experts. Bottom line the expert is the reason for the investigation that eventually is reinforced by other dreamed “facts” for a motive to deny the claim. That is why if you fail an examination under oath innocent or not, the claim will be denied.
There is far more to it than just that though. What if the investigator referred the claim to a prosecutor? What if the prosecutor feels it is a case they can win? The way the law is set up in a criminal case the prosecution has to be able to prove their case beyond a reasonable doubt with one exception- felony insurance fraud cases involving a stolen vehicle. We are dealing with ignorance, arrogance and stupidity on the part of lawyers here, That would be the prosecutor and the criminal defense attorney, Who can lose the most? The insured! Over my 25 year long career I have seen this hundreds of times!
What is the prosecutor basing his strategy on? The civil threshold of preponderance of the evidence. The insurance company’s investigation which is made up with projection by the expert the assumptions by the investigator and hyperbole referred to as fact! All these cases hinge on the handpicked by the investigator the third party “Forensic Locksmith.” That is the “expert” that has determined the last time the car was driven was what appears to be the insured’s key.
I can tell you that in my opinion these experts are nothing but frauds! Take them out and the case falls apart. Yeah, but the courts have qualified them as experts on ignitions and auto theft. All I say is the courts when doing this were totally misinformed because the wrong questions were used to qualify these experts! Both the prosecutors, criminal defense attorneys are lawyers and the judge was an attorney too. All are ignorant on auto theft and in walks a guy that claims to be a forensic locksmith and because of that title the give him expert status in the forensic world! Its one of America’s biggest scams in our court system and they are too arrogant to realize it!
Here are some interesting questions for the Certified Forensic Locksmith: How and where di you obtain that certification? Answer from a group of investigative locksmiths know as the International Association of Investigative locksmiths known as IAIL. There is a slight problem though. The IAIL has been demised for well over 5 years and there was never a body to oversee the forensic ability of members in this defunct association. In other words as it relates to science the IAIL never made the grade and the term Certified Forensic Locksmith was just a title to enable credibility to the locksmith for court. Except for a select few, ever repaired theft recoveries so they really had no clue about auto theft methods and techniques. Some never serviced an automotive lock in their life. There are even some that have no automotive experience at all!
One was a former military do trainer and bragged of testifying on stolen vehicle hundreds of times! He was so stupid the judge had to ask him if he ever saw a key cut in a hardware store? His answer was no! Yet he was testifying in a criminal trial stating the defendant’s key was last used in her vehicle!