Category Archives: ignition forensics

Ignition forensics sounds like a fancy term to determine as to how a reporter stolen car was last driven. In most cases, the conclusion is an outright lie, but many attorneys because of ignorance on the subject are apprehensive opposing a certified forensic locksmith which is a bogus title to scare them off. It has worked well for denial for 2 decades, but now we are exposing it for what it is–fraud!

Auto Theft Claim Denial Cases, SIU Investigation

13 Wednesday May 2020

Posted by in auto theft, Auto Theft Claim Denial, Forensic ignition analysis, ignition forensics, Insurance fraud investigator, Insurer fraud, key of the proper type, SIU Investigation EUO Consultant For Insureds

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Rob Painter

1-866-490-1673

1-903-513-7808

Robo14@aol.com





Auto theft claim denial cases appear much more complex than they are.



This is by design.

My general interpretation of an auto theft claim denial letter:

The insurance denial letter creates the understanding to the reader that due diligence was performed in the investigation of the claim.

In spite of how much we wanted to pay the claim, the facts would just not let us.

Fact #1

Policy holder was consistent with making late payments on vehicle.

Fact#2 The vehicle was recovered totally burned. Vehicles do not self-combust.

Fact#3 On inspection, the engine was found to have serious pre-exisisting problems with anti freeze found in the found in the engine oil.

Fact#4 This vehicle is equipped from the factory with a highly sophisticated anti-theft system requiring a specially electronic encrypted key to start the engine.

Fact#5 The policy holder had all keys in their possession.
Forensics was performed on this vehicle to confirm this vehicle was last driven with a key of the proper type.

Because of these facts we cannot honor this claim because of misrepresented material fact.


Once an attorney reviews a letter like this, it is extremely common to assume that it is pretty much and open and shut case.

Attempting to defend the case would cost a lot of money because of  the forensic findings of their expert. This appears to be highly technicial.

Even if you could retain a qualified consultant, it’s a crapshoot as to who the jury would believe.

Working on a contingency with all these areas that could go wrong could make the case extremely time consuming with no benefit. These are very serious considerations and should not be taken lightly.

Also keep in mind it is very common for the defense to try to transfer these cases to federal courts because the rumor is federal juries tend to favor corporations such as insurance companies.

What I have laid out here is the most common scenarios I see after being in this business for over 20 years.

You will find the case in which you are reviewing a common denial letter like I outlined.

You may feel like a fish out of water with a tremendous amount of risk of the unknown.

This is the reality. What are you going to do? Sure, you know the law well and are good a litigating, but this case is different because it is supported by forensic evidence and potential testimony. What do you do?

I would suggest contacting me, because the first problem attorneys have in these cases is assume that you are really dealing with forensics in these cases.

Forensic locksmithing has been nothing but a Con, a Scam for the last 15 years. Sure, that is my opinion, but different than the ignition forensics, it is all proven fact, not with technical jargon, but something as simple as common sense!

Convince me:

Forensic methodology as it applies to a reported stolen vehicle is use of the scientific method.
Theories are applied and ruled in or out in order to meet a scientific verifiabal conclusion.
This means, if another examiner examines the same evidence as the procedures applied by the insurance forensic examiner, the conclusion by the second examiner should be exactly the same.
That process is also known as  peer review.

The very very first problem we run across it that these ignition/anti-theft exams are treated as secret.

Science is not secret and if the process used is secret, it’s simply not science or forensic!

Example: During the course of the investigation, the insured is commonly told they can contact an attorney anytime.
Yet, when it comes to the forensic examination of the vehicle, things take a different turn. The insured is told forensics will be performed on the vehicle. They are not given a time or date. They are not informed that they can hire their own forensic expert! No problem with an attorney, but if they are going to have strangers with a vested interest in the outcome of the claim rummaging through the vehicle with no one to watch them, that’s not OK.

I have been hired by the insured to be at the forensic examinations. Except for a few times, it hasn’t gone well.
It has been common to try to keep me far enough away in which I can’t see if they are taking and hiding evidence, adding evidence etc.

Look, I am not infering anything nefarious here, but remember, the carrier is their client and not the insured! The “independent” conclusions are going to favor their client!

Believe them because they are the forensic experts!


Microscopes are no longer used to determine the fine details of identifiable markings in the waters (tumblers) as compared to a specific key. That was simply too much time and effort to be applied. Juries don’t know any better! That reliable process got phased out around 2010-2012. Micro photos could be taken of the small lock components.

The process was replaced that missed half the detail, and now because photos of the small internal lock components could not be taken, we are left taking the experts word on what he said he observed. OK.

Evidence Retention

For the life of me, I cannot believe the courts let these guys testify to evidence they don’t have. Especially in criminal trials!
How can the examination be forensic? It can’t be replicated!

All these cases are intrinsic and there will always be different factors involved. So my services will always be needed for difference between these cases

Once the expert is taken out, the case falls apart. In my example of the denial letter, I took out 4 out of 5 so-called facts. You as the lawyer can take out their imagined motivation on the part of the insured.

Now, are you still worried about taking a denied auto theft claim supported by forensics?

Here is the root cause to these cases:
https://www.latimes.com/opinion/op-ed/la-oe-humes-forensic-evidence-20190113-story.html?

This is what stands in the way of insured’s being paid for their theft claims, and makes the difference between a clean record or conviction on auto theft claims/cases. This story listedlist nothing to do with auto theft, but the junk science of forensics. The same junk science applied by insurance carrier vendors when determining the last key used in a reported stolen vehicle.

You will see other references to what I am going to say in other pages in this site. For 20 years all auto carriers using Forensics to determine the last key used in a reported theft have procured Certified Forensic Locksmiths, engineers and mechanics.

A majority of the time when doing this are facilitating fraud to accuse the insured of fraud for the purpose of denying the claim, or worse yet prosecution of felony insurance fraud of which you will be convicted without my involvement!

I have been defending these claims and cases for 25 years and the most common problem I see with attorneys defending these cases/claims is they put far too much credence in the apparent Forensics applied by these experts.

What appears to be scientific if a microscope is used (rarely) is merely a dog and pony show for the uninformed. Common sense is thrown out the window so everyone in the courtroom believes the expert because of the use of the bogus Certified Forensic Locksmiths title! It sounds very impressive. One of the real problems is that commonly (almost every time) what appears to be fact about the vehicle in the report is merely projection and speculation appearing to be fact. Defendants without my involvement get convicted on this crap!

Why? Because it’s not just my opinion these guys are fabricating a story, but it is documented provable fact in almost every auto Theft investigation from these charlatans I oppose!

I have many of these experts previous cookie cutter reports in which they can be applied to the case at hand, commonly leaving the question for the expert; which time were you telling the truth?

You may say “This sounds to complicated, stolen vehicles and forensics.” Do not fear!

I have made these issues my mission in life, to have more knowledge than anyone on every aspect of these cases. I still do not know everything, but am constantly trying for that goal. I know in many cases what the opposing expert does not know from past performances. Unfortunately, they get free training from me when I call them out on their non-sense in these cases. The problem is they never seem to learn, or their past mistakes are brought to life.

Auto Theft Claim Denial Cases Are Very Common! The only problem from my experience nationwide over the years has been taking on a new client attorney who will say “This is the first case of this nature I have ever had.”

Of course these cases need you to perform your lawyerly skills, but they are different.

What makes them different? Unlike many cases out there they are built on a house of cards with a sand foundation in a wind storm!

The mechanics of these cases: These cases are built on the third party forensics the carrier contracted to examine the ignition, the keys and anti-theft system of a reported stolen vehicle. The purpose is for forensics to determine how the reported stolen vehicle was last driven before the theft. Commonly, it is asserted that the insured’s keys were used last implicating the insured with the theft. There by making it a fraudulent claim.

The carrier has great confidence in their forensic experts in this area, because uncontested, the insured or defendant loses.

After all, the courts are in awe of a Certified Forensic Locksmith or engineer title, which causes their credibility to soar! The main reason: Ignorance of everyone in the court on auto theft methodology and how forensics is supposed to interact! There is no comparison, so the expert’s methodology can’t be questioned as well as he conclusions.

Let’s throw a monkey wrench into this finely tuned process the carrier uses to control its costs by not paying the claim, or convicting the insured as well if the claim goes criminal.

I guide the client through every aspect of the claims investigation. These investigations for a manufactured motive can’t go forward without the forensic expert inferring the insured had the last key used. Without the report and conclusions, the investigation has no way to go forward.

Depending on the strategy of the attorney, we can take the expert out in deposition, or damage his credibility to the attorney’s specifications.

Personal attacks are not applied, however any previous reports by the expert can be compared to the case at hand for standardized examination methodology. Many of these experts nationwide, I have past depo and trial transcripts and reports.

Forensic locksmithing the way it has been applied over the last decade has not progressed, but digressed. These guys have gotten lazy. The only forensics applied is in the title they so willing us to impress the courts!

There is no one that has the training, background experience I do in auto theft and forensics!

Just a little about me:

I had a business that repaired theft recovered vehicles for 20 years. This means that while these experts were locksmithing, I was putting major puzzles together in the case of a full strip! Not only did I make keys and service locks, but serviced factory and after market security systems. In fact, I defeated the impossible to bypass transponder systems. Los Angeles “Greines v Ford.” In another LA case serving as an expert witness, I decimated the opposing expert in “McCoy v Progressive.”

In Fresno it was “Sidhu v Farmers.” Over 25 years serving as a consultant/expert witness, there are a large amount of cases our side prevailed on, not including all the cases we forced settlement without court intervention. I have about 20 published cases through Westlaw and other legal resources.

I authored the first 1,350 power point slide training course on auto theft and forensic examinations in 2001. The testing methodology was vetted by the FBI tool mark and firearms supervisor as well as the US Army Crime Lab in Georgia.

My first book I authored was in 1998 “Auto Theft-Let The Truth Be Known!” Even though it has been out of print for some time, sill listed on Amazon.

In essence, there is not a vehicle out there that I have not been able to illustrate to a jury as to how to steal without the insured’s keys! Better yet, in many cases forensics can not be ruled in or ruled out!

It gets worse for the opposition–Who have I recently worked for? A repossession company, where from the time the tow truck wheel lift touches a vehicle’s wheels, it can be as little as 30 seconds before the vehicle is mine!

Here is the part that can be approached in many ways:

Is your client looking for a quick settlement? That is entirely possible! I review the file and the forensic report on the vehicle and generate a report that you as the attorney can submit to the carrier and ask them if they really want to proceed forward? We never bluff!

Or, the case goes to deposition for the insurance personnel involved including their forensic expert. I supply the questions for the client attorney, and we eviscerate them!

Last but not least, I can be retained as a consultant/expert witness and make a fool out of the forensic expert illustrating to a jury, not only can the vehicle be stolen without the insured’s keys, but all the so-called forensics applied to the case was a scam. These ae not my opinions, but fact!

Low Cost Benefit: If I am serving as a consultant assisting the attorney, travel may not even be necessary! This is truly possible in cases for quick settlement without having to go through the court system.

I have had prosecutors very confident in their dealer expert call me and talk to me for a half hour and dismiss the case!

These auto theft insurance claim denials are based on the forensic expert they have. Take out the expert and there goes the case!

If you do not currently have an auto theft claim denial case, you may want to be proactive and attempt acquiring one or two. You may find these cases to be simple, but fun to do in which you as the plaintiff attorney control the outcome of the case with your consultant! Let your consultant do the work for you.

I am an expert on every level required on auto theft claim denial cases. I am also an expert on the experts. I know what they can and cannot prove. For years, their conclusions inferring the insured was involved have not been a fact, but a pure deception in my opinion by the use of semantics. These experts are not lying. They are just telling half truths. It works because no one in the court knows better, yet I have proved it time and time again for the past 25 years!

I also do failure analysis and crash analysis. Vehicle recalls like the GM ignition recall.

I had a fatality Chevrolet crash in which the air bags did not deploy. They did not deploy because of the GM ignition switch recall. Was the vehicle listed in the recall? No! I had to cross references the ignition lock and key design to find that it was in fact involved in the recall. I supplied a very extensive report including weather conditions, as well as using a like kind vehicle to test my theories. Everything matched what the on site crash investigator surmised over a year prior.

Insurance defense attorneys and prosecutors may feel left out here. Please don’t. I can assist you by reviewing your claim/case in order to head off any future liability issues by your forensic lock expert.

I work for anyone looking for the truth!

Rob Painter

1-866-490-1673

Cell: 1-903-513-7808

Robo14@aol.com

Copyright 2019. Rob Painter.

Automobile Forensics

01 Sunday Mar 2020

Posted by in ignition forensics, Insurer fraud, key of the proper type

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Rob Painter

 

1-866-490-1673

Robo14@aol.com

I

have over 30 years of applying the scientific method in my examinations for over 30 years.

My experience is vast from determining the origin and cause of a vehicle fire, to sudden acceleration recalls. Determining collision damage, to auto theft and to how the vehicle was last driven.

My for my for my  ASE certtifiations were in Medium/Hvy Duty truck repair, Auto and collision.

I have been involved in discovering recalls, and drafting scientifically verifiable report conclusions on a variety of problems. It could be a vehicle fire with a known origin and cause which I would have to trace back to the source amongst the burn debris.

It could be a severe head on crash that the airbag did not deploy. It could be an accident collision re-enactment. Determining collision damage between a vehicle and another object.

That is what he as made my life do interesting and applying the scientific method, things commonly go together for an air tight conclusion that can be replicated by another forensic examiner.

I commonly oppose professional engineers and fire investigators. I may or may not agree with their assessment.

With that said, you will see many comments about the Certified Forensic Locksmith. CFLs serve insurance companies nationwide examining reported stolen vehicles and claim to be able to determine how they were last driven.

I can support my conclusions because they are based on fact and the scientific method.

 

 

.

 

 

Other certifications were in forensic locksmithing, fire and explosion, vehicle fire Investigation. My experience with insurance claims is vast and goes back over 30 years.

In order to perform a competent forensic examination, evidence is required in order to replicate any examination that was performed previously.

I find this relevant when dealing with engineers and fire investigators. Forensic locksmiths, not so much! In my opinion, the forensic locksmith is a total fraud! The only forensics one will find with a forensic locksmith is the title he puts to his name on the report!

Evidence, a majority of the time there is none, or it has been secretly damaged by the forensic locksmith. There is one firm out there that uses the ruse of certification with the owner of the firm signing off on a report.

Forensic locksmiths are so blatant in their incompetence, projection and speculation serve as fact. Many attorneys are too impotent or incompetent to question then properly. Evidence from crime scenes is not preserved and the inept prosecutor thinks they have a case against be the defendant.

How can an opposing expert recreate the screen when no evidence was retained. The report may explain something was jammed in the key way. There is no explanation when, how and what the object was removed and that a key was inserted into the ignition afterward. Yet, to attempt to do peer review, it can’t be performed because the evidence was never retained as evidence, nor the vehicle and about 6 other pieces of evidence! Yet, the stupid DA has no problem pursuing the defendant for felonies. We are just supposed to take the word from one of these self-proclaimed forensic experts.

Worse yet, at one time or many, a judge took it on their own after a Vior Dire to classify these guys as experts. Did the judge understand the subject matter of a forensic locksmith? Of course not, but that hasn’t stopped them since 1999 and Daubert when the judge was made a gate keeper as to who could give expert testimony.

Some judges don’t flat out like an out of town expert critisiziing a local expert, even though their work product is do egregious that it should be criminal, because nothing performed had anything down as to the scientific method!

Forensic Locksmithing=Junk Science

04 Thursday Jul 2019

Posted by in auto theft, Auto Theft Claim Denial, Auto theft SIU investigations, Car theft investigation, Car theft investigations, Forensic ignition analysis, Home owner insurance claims investigation, ignition forensics, SIU investigation consultant

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All too often, insureds are denied on their auto theft claims because of junk science. There are no facts other than speculation by the forensic locksmith masqueraded as fact.

Insurance companies use these independent services because they appear to be valid. At least until some poking around is done by an opposing expert and the truth is exposed. Here you have some “Forensic” (No one even questions the validity of this title) locksmith expert that takes a guess forcing the insured’s claim to be investigated. The forensic locksmith doesn’t care if he is accusing the insured of fraud. The forensic locksmith collects his money and goes on to the next target! For those not aware, most carry $2,000,0000 worth of errors and omissions insurance generally required by the carrier. Lawyers have been hesitant to sue them because it diminishes the claim against the carrier. I say sue them both. The forensic locksmith is an obvious fraud and that can be easily proven. The carrier is conspiring with the forensic locksmith for the purpose of not compensating the insured for the claim. Hmmm…. Wonder if the carrier and their expert can say the catch phrase RICO (You know, racketeering and Corruption). I am not a lawyer, but this might be an interesting route to check into.

Plaintiff and criminal defense attorneys, when you have auto theft denial cases, you are being played because of your ignorance on the subject of last key used. When I say your it can be the reader, a lawyer (both sides, juries and Judges. I am not saying anyone be is stupid. I am saying uninformed. These so called experts are making a mockery of a courtroom in my view.

Of course this all sounds like I am real good at accusing the insurance auto theft experts of fraud with only my opinion. Wrong! I have fact! Key of the proper type is a fraud in itself and does not mean the insured’s key was used last. The only reason it is believed to determine the insured’s key was used last is because people actually believe science was involved to reach this conclusion. It is all a big lie!!!!!

Is the investigator a part of this fraud? I don’t believe so and they care only as good as the information supplied to them. So, the forensic locksmith concludes the vehicle was last driven with a key of the proper type, it is assumed you he insured was involved 2ith the theft, which launches the investigation on the insured.

The problem being key of the proper type does not have to be the insured’s and many times it’s not.

Who is going to question the he credibility of a Certified Forensic Locksmith? I will by supplying questions to client attorney! That’s when it gets indefenceable and their stupidity and lack of honesty is on display!

If you have a case in which the insured is being accused of having the last key used in an auto theft, you need to contact me immediately! 1-866-490-1673 or 1-903-513-7808 and ask for Rob! I am capable of shutting down 99% of these cases! 25 years court room experience! Insurance defense and these charlatans are scared to death of me and have tried since 2002 to put me out of business along with defense attorneys they have colluded with and I am still here with a vengeance!

If you need to write, my email is robo14@aol.com

Airbag Recall! Many appear to be disregarding This Extremely Important Takata Recall Campaign With The Potential For Injury Or Death!

26 Tuesday Mar 2019

Posted by in ignition forensics

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https://www.consumerreports.org/car-recalls-defects/takata-airbag-recall-everything-you-need-to-know/

It appears as though, far too many consumers are taking a very life-threatening recall campaign for their vehicle too lightly and are not doing what they need to do. I believe they do not understand the potential risk of injury or death caused by defective Takata air bags.

The steps to confirm that your vehicle is subject of the Takata air bag campaign are extremely simple. Contact me through phone at 1-866-490-1673 or 1-903-513-7808, or you can write me at robo14@aol.com. Supply your VIN (Locations are addressed later). On email, subject line is air bag recall. I will get back to you the same day to determine if your vehicle is affected. It’s a free service to the owner and no charge to you will be incurred. In the event your vehicle is affected by this extremely important recall or any other, I will advise you. If so, contact a local dealership to have them address the recall. Since it is a recall, again, there is no charge to the owner.  

Years ago, Takata issued recalls on their air bags on tens of millions of vehicles. The recalls are not meant for one specific make or model. Just about every vehicle has a Takata air bag.

The reason for the recall and the immediate danger to get the vehicle into the shop to get the recall handled. This is serious! In the event the vehicle is involved on a collision and the air bags deploy, what is happening is shrapnel is coming out with the deployment of the airbag! There is extreme concern for injury or death! This is not one of those recalls to be ignored. There is no charge for the owner to correct this problem.

In my case, I have seen the results of these defective air bags. To illustrate as to how serious this recall is with no exaggeration, picture someone aiming a shot gun at your face and upper torso from a couple feet away! The results are the same!

All you need to do to see if your vehicle is recalled or if recalled and problem has already been repaired is call me at 1-903-513-7808 or email me at robo14@aol.com with subject line air bag recall and supply me with your 17 digit VIN.

Where is the VIN if I don’t have any paperwork with the vehicle’s VIN inscribed on sales, insurance card or registration?

The VIN is located behind the windshield on the driver’s side of the dash. You can see it by being on the outside of the car on the driver’s side and peering into the windshield on the top of the dash.

Another location for the VIN is on a mylar label located on the driver’s door or door jamb which varies from vehicle to vehicle.

Once you supply the VIN, I will get back to you rather quickly to inform you if your vehicle is affected. I do not charge the owner of the vehicle for this information and am happy to supply the public with this information to save injuries and possibly death!

This recall campaign is extremely important! You may now feel too scared to drive the vehicle if affected. Tell these concerns to the dealership and they make arrangements for you to get a car to drive until the recall campaign is successfully is no longer an issue. As stated, this is an air bag safety campaign, which means you do not have to pay anyone to address this problem.

There may be additional recall campaigns that need to be satisfied as well and again at no charge they can be taken care of at the same time.

Other than recalls associated with vehicle fires, I feel this is the most important recall addressing potential injury and death that I have been made aware of and I have been doing vehicle component defect examinations for close to 40 years! Please do not ignore this Takata vehicle air bag campaign.

Other than a little time contacting me and supplying the 17- digit VIN to me, this will give you peace of mind knowing what recalls are open on your vehicle and if it is safe to operate. I have never been a fear monger and extremely careful as to what I tell the public on the safety of their vehicles. In fact, on some not as important I underplay the potential affects. This is not the case in the Takata air bag recall campaign. This product has the potential to injure or kill you and your passengers in the event the vehicle is involved a collision!

There is another related recall campaign on GM vehicles in which the air bags will not deploy. This is about the GM ignition switch recall, in which the ignition lock will go from the on position to off, shutting the engine off and supplying no electrical power to initiate the air bags to deploy in a collision.

The combination of these two recalls in one GM vehicle leaves a kunundrum. Damned if the air bags deploy and damned if they don’t deploy!

©Copyright 2019. Rob Painter with all rights reserved.

Auto Theft Claim Denial Cases, SIU Investigation

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Posted by in auto theft, Auto Theft Claim Denial, Forensic ignition analysis, ignition forensics, Insurance fraud investigator, Insurer fraud, key of the proper type, SIU Investigation EUO Consultant For Insureds

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Rob Painter

1-866-490-1673

1-903-513-7808

Robo14@aol.com





Auto theft claim denial cases appear much more complex than they are.



This is by design.

My general interpretation of an auto theft claim denial letter:

The insurance denial letter creates the understanding to the reader that due diligence was performed in the investigation of the claim.

In spite of how much we wanted to pay the claim, the facts would just not let us.

Fact #1

Policy holder was consistent with making late payments on vehicle.

Fact#2 The vehicle was recovered totally burned. Vehicles do not self-combust.

Fact#3 On inspection, the engine was found to have serious pre-exisisting problems with anti freeze found in the found in the engine oil.

Fact#4 This vehicle is equipped from the factory with a highly sophisticated anti-theft system requiring a specially electronic encrypted key to start the engine.

Fact#5 The policy holder had all keys in their possession.
Forensics was performed on this vehicle to confirm this vehicle was last driven with a key of the proper type.

Because of these facts we cannot honor this claim because of misrepresented material fact.


Once an attorney reviews a letter like this, it is extremely common to assume that it is pretty much and open and shut case.

Attempting to defend the case would cost a lot of money because of  the forensic findings of their expert. This appears to be highly technicial.

Even if you could retain a qualified consultant, it’s a crapshoot as to who the jury would believe.

Working on a contingency with all these areas that could go wrong could make the case extremely time consuming with no benefit. These are very serious considerations and should not be taken lightly.

Also keep in mind it is very common for the defense to try to transfer these cases to federal courts because the rumor is federal juries tend to favor corporations such as insurance companies.

What I have laid out here is the most common scenarios I see after being in this business for over 20 years.

You will find the case in which you are reviewing a common denial letter like I outlined.

You may feel like a fish out of water with a tremendous amount of risk of the unknown.

This is the reality. What are you going to do? Sure, you know the law well and are good a litigating, but this case is different because it is supported by forensic evidence and potential testimony. What do you do?

I would suggest contacting me, because the first problem attorneys have in these cases is assume that you are really dealing with forensics in these cases.

Forensic locksmithing has been nothing but a Con, a Scam for the last 15 years. Sure, that is my opinion, but different than the ignition forensics, it is all proven fact, not with technical jargon, but something as simple as common sense!

Convince me:

Forensic methodology as it applies to a reported stolen vehicle is use of the scientific method.
Theories are applied and ruled in or out in order to meet a scientific verifiabal conclusion.
This means, if another examiner examines the same evidence as the procedures applied by the insurance forensic examiner, the conclusion by the second examiner should be exactly the same.
That process is also known as  peer review.

The very very first problem we run across it that these ignition/anti-theft exams are treated as secret.

Science is not secret and if the process used is secret, it’s simply not science or forensic!

Example: During the course of the investigation, the insured is commonly told they can contact an attorney anytime.
Yet, when it comes to the forensic examination of the vehicle, things take a different turn. The insured is told forensics will be performed on the vehicle. They are not given a time or date. They are not informed that they can hire their own forensic expert! No problem with an attorney, but if they are going to have strangers with a vested interest in the outcome of the claim rummaging through the vehicle with no one to watch them, that’s not OK.

I have been hired by the insured to be at the forensic examinations. Except for a few times, it hasn’t gone well.
It has been common to try to keep me far enough away in which I can’t see if they are taking and hiding evidence, adding evidence etc.

Look, I am not infering anything nefarious here, but remember, the carrier is their client and not the insured! The “independent” conclusions are going to favor their client!

Believe them because they are the forensic experts!


Microscopes are no longer used to determine the fine details of identifiable markings in the waters (tumblers) as compared to a specific key. That was simply too much time and effort to be applied. Juries don’t know any better! That reliable process got phased out around 2010-2012. Micro photos could be taken of the small lock components.

The process was replaced that missed half the detail, and now because photos of the small internal lock components could not be taken, we are left taking the experts word on what he said he observed. OK.

Evidence Retention

For the life of me, I cannot believe the courts let these guys testify to evidence they don’t have. Especially in criminal trials!
How can the examination be forensic? It can’t be replicated!

All these cases are intrinsic and there will always be different factors involved. So my services will always be needed for difference between these cases

Once the expert is taken out, the case falls apart. In my example of the denial letter, I took out 4 out of 5 so-called facts. You as the lawyer can take out their imagined motivation on the part of the insured.

Now, are you still worried about taking a denied auto theft claim supported by forensics?

Here is the root cause to these cases:
https://www.latimes.com/opinion/op-ed/la-oe-humes-forensic-evidence-20190113-story.html?

This is what stands in the way of insured’s being paid for their theft claims, and makes the difference between a clean record or conviction on auto theft claims/cases. This story has nothing to do with auto theft, but the junk science of forensics. The same junk science applied by insurance carrier vendors when determining the last key used in a reported stolen vehicle.

You may say “This sounds to complicated, stolen vehicles and forensics.” Do not fear!

I am here to tell you dealing with these claims/cases for over 25 years as an expert witness, I can assure you I have everything behind the claim/case down to a perfect science either serving as a consultant or an expert witness.

I have made these issues my mission in life, to have more knowledge than anyone on every aspect of these cases. I still do not know everything, but am constantly trying for that goal. I know in many cases what the opposing expert does not know from past performances. Unfortunately, they get free training from me when I call them out on their non-sense in these cases. The problem is they never seem to learn, or their past mistakes are brought to life.

Auto Theft Claim Denial Cases Are Very Common! The only problem from my experience nationwide over the years has been taking on a new client attorney who will say “This is the first case of this nature I have ever had.”

Of course these cases need you to perform your lawyerly skills, but they are different.

What makes them different? Unlike many cases out there they are built on a house of cards with a sand foundation in a wind storm!

The mechanics of these cases: These cases are built on the third party forensics the carrier contracted to examine the ignition, the keys and anti-theft system of a reported stolen vehicle. The purpose is for forensics to determine how the reported stolen vehicle was last driven before the theft. Commonly, it is asserted that the insured’s keys were used last implicating the insured with the theft. There by making it a fraudulent claim.

The carrier has great confidence in their forensic experts in this area, because uncontested, the insured or defendant loses.

After all, the courts are in awe of a Certified Forensic Locksmith or engineer title, which causes their credibility to soar! The main reason: Ignorance of everyone in the court on auto theft methodology and how forensics is supposed to interact! There is no comparison, so the expert’s methodology can’t be questioned as well as he conclusions.

Let’s throw a monkey wrench into this finely tuned process the carrier uses to control its costs by not paying the claim, or convicting the insured as well if the claim goes criminal.

I guide the client through every aspect of the claims investigation. These investigations for a manufactured motive can’t go forward without the forensic expert inferring the insured had the last key used. Without the report and conclusions, the investigation has no way to go forward.

Depending on the strategy of the attorney, we can take the expert out in deposition, or damage his credibility to the attorney’s specifications.

Personal attacks are not applied, however any previous reports by the expert can be compared to the case at hand for standardized examination methodology. Many of these experts nationwide, I have past depo and trial transcripts and reports.

Forensic locksmithing the way it has been applied over the last decade has not progressed, but digressed. These guys have gotten lazy. The only forensics applied is in the title they so willing us to impress the courts!

There is no one that has the training, background experience I do in auto theft and forensics!

Just a little about me:

I had a business that repaired theft recovered vehicles for 20 years. This means that while these experts were locksmithing, I was putting major puzzles together in the case of a full strip! Not only did I make keys and service locks, but serviced factory and after market security systems. In fact, I defeated the impossible to bypass transponder systems. Los Angeles “Greines v Ford.” In another LA case serving as an expert witness, I decimated the opposing expert in “McCoy v Progressive.”

In Fresno it was “Sidhu v Farmers.” Over 25 years serving as a consultant/expert witness, there are a large amount of cases our side prevailed on, not including all the cases we forced settlement without court intervention. I have about 20 published cases through Westlaw and other legal resources.

I authored the first 1,350 power point slide training course on auto theft and forensic examinations in 2001. The testing methodology was vetted by the FBI tool mark and firearms supervisor as well as the US Army Crime Lab in Georgia.

My first book I authored was in 1998 “Auto Theft-Let The Truth Be Known!” Even though it has been out of print for some time, sill listed on Amazon.

In essence, there is not a vehicle out there that I have not been able to illustrate to a jury as to how to steal without the insured’s keys! Better yet, in many cases forensics can not be ruled in or ruled out!

It gets worse for the opposition–Who have I recently worked for? A repossession company, where from the time the tow truck wheel lift touches a vehicle’s wheels, it can be as little as 30 seconds before the vehicle is mine!

Here is the part that can be approached in many ways:

Is your client looking for a quick settlement? That is entirely possible! I review the file and the forensic report on the vehicle and generate a report that you as the attorney can submit to the carrier and ask them if they really want to proceed forward? We never bluff!

Or, the case goes to deposition for the insurance personnel involved including their forensic expert. I supply the questions for the client attorney, and we eviscerate them!

Last but not least, I can be retained as a consultant/expert witness and make a fool out of the forensic expert illustrating to a jury, not only can the vehicle be stolen without the insured’s keys, but all the so-called forensics applied to the case was a scam. These ae not my opinions, but fact!

Low Cost Benefit: If I am serving as a consultant assisting the attorney, travel may not even be necessary! This is truly possible in cases for quick settlement without having to go through the court system.

I have had prosecutors very confident in their dealer expert call me and talk to me for a half hour and dismiss the case!

These auto theft insurance claim denials are based on the forensic expert they have. Take out the expert and there goes the case!

If you do not currently have an auto theft claim denial case, you may want to be proactive and attempt acquiring one or two. You may find these cases to be simple, but fun to do in which you as the plaintiff attorney control the outcome of the case with your consultant! Let your consultant do the work for you.

I am an expert on every level required on auto theft claim denial cases. I am also an expert on the experts. I know what they can and cannot prove. For years, their conclusions inferring the insured was involved have not been a fact, but a pure deception in my opinion by the use of semantics. These experts are not lying. They are just telling half truths. It works because no one in the court knows better, yet I have proved it time and time again for the past 25 years!

I also do failure analysis and crash analysis. Vehicle recalls like the GM ignition recall.

I had a fatality Chevrolet crash in which the air bags did not deploy. They did not deploy because of the GM ignition switch recall. Was the vehicle listed in the recall? No! I had to cross references the ignition lock and key design to find that it was in fact involved in the recall. I supplied a very extensive report including weather conditions, as well as using a like kind vehicle to test my theories. Everything matched what the on site crash investigator surmised over a year prior.

Insurance defense attorneys and prosecutors may feel left out here. Please don’t. I can assist you by reviewing your claim/case in order to head off any future liability issues by your forensic lock expert.

I work for anyone looking for the truth!

Rob Painter

1-866-490-1673

Cell: 1-903-513-7808

Robo14@aol.com

Copyright 2019. Rob Painter.

My 20+ Years of Testimony Sometimes Fun And Sometimes Not.

05 Wednesday Sep 2018

Posted by in Auto theft expert witness, Car theft investigations, Home owner insurance claims investigation, ignition forensics, Insurance fraud investigator, Insurer fraud, key of the proper type, SIU investigation consultant

≈ Comments Off on My 20+ Years of Testimony Sometimes Fun And Sometimes Not.

There is deposition testimony, which when people want to know what an EUO (Examination Under Oath) is the same thing. Both are sworn testimony, but an EUO doesn’t have a court case assigned to it.

Insured’s are made aware of an EUO towards the end of an auto theft investigation. If you have never had the opportunity to testify like this, the worst thing you can do is handle it on your own.

For years I have prepared insureds for EUOs and we have a 90% success rate of getting you past it and paid, when they had no intention of paying before the EUO.

Of course you tell the truth, but there is more than one way to tell the truth. EUOs are commonly given by outside attorneys. Yet, there are insurance companies that like to be cheap and let an investigator give an EUO.

The main thing about an EUO or a deposition is the ground rules are the same. There are no rules, other than the person taking testimony cannot assault you. Both do not reflect as to how you would testify in court because many times the questions aren’t relative in a trial. Now, if you admitted to having a felony or two, you can bet the insurance company is going to use everything possible to put you in a bad light.

Certain legal professions are used against the insured like that of exotic dancing. It is legal, but they emphasize this to make a woman look seedy and a prostitute.

Depositions and EUOs have one purpose. To destroy a person’s credibility  and always remember, the deponent never wins.

This is the lawyers party. You are invited, but not allowed to have fun.

Recently, I had an attorney try to set me up for an argument all through their line of questioning. I didn’t take the bait and just agreed with her.

I have done enough depositions that I have intentionally set up the opposing attorney. One such case, I was having a good time. The lawyer will use a deposition to read you. This way if there are hot buttons, the attorney can make a guy easily upset look like a lunetic in court.

Well, here was the perfect opportunity to have fun. The deposition was not video recorded because I would have never dine what I did here. He stated to me “Mr. Painter, you are aware you are under oath, correct? I gave you three questions and you answered different each time. Actually, he gave three similar questions, each requiring a different answer. Well, he was trying to shame me. I stood up as he was sitting directly across me from the table. I raised my voice (controlled) and told him don’t ever question my credibility ever again!

Immediately, he called for a break. He left the room. The court reporter said to me, I have been in this business 35 years and never saw an expert get angry like that. I said mam, did I appear angry? She said, you sure did! I said good with a smile and said isn’t this court work all about theatrics? She realized there was no anger and it was a show.

He bought it hook line and sinker though. When in trial, he was growing very angry because he assumed I was a hot head. His face was red and that artery in the side of his neck, I thought is was going to burst. He did everything possible to get me angry and I was just cool and calm. I guess Mr. Professional that thought he was an expert on reading people was wrong!

I have jammed up many opposing attorney in trial. Some feel with a law degree they are smarter than everyone. Sometimes, they are wrong!

I will be putting much more information  here. Look for it and please feel free to comment.

1-866-490-1673

Cell 1-903-513-7808

Robo14@AOL.com

Copyright 2018. Rob Painter