There are many excellent attorneys out there. Its just if you are going to need one, you need the right type!
Q: When do I need an attorney for my auto theft claim?
This answer is only based on the civil aspect and not if you had something to do with the theft in which you need a criminal defense attorney.
A: When all efforts have been exhausted and it is now time to sue the insurance company.
- Can I just retain a general attorney?
A: No. Once all efforts have been exhausted with your consultant even after a denial of the claim, a law suit must be filed. Any attorney can take the case, however it is best to go with a specialist.
The types of attorneys that are well versed in claim denial are Bad Faith attorneys or those that specialize in contract law.
Q: Can you recommend an attorney for me?
A: Yes, however it depends on where you are located.
Q: Do I have to pay this attorney up front?
A: This depends strictly on that specific attorney’s business practices. The attorney may not require any money in the beginning and will do the case on a contingency. The firm might eat all the costs for depositions and experts and collect it on the back half of the case. He/she may require you to pay any costs associated along the trial. It totally depends on their policy.
Q: What is a contingency?
A: Contingency just means there is no up front charge and the attorney is joining you in the risk that you will prevail in your case against the insurance company. If you win the attorney gets a percentage of the settlement or verdict. If he/she loses you pay nothing.
Q: How many attorneys specialize in stolen car cases like mine?
A: Unfortunately, very few and when forensics is involved, they are required to seek out an expert like me.
Q: If I am denied, my consultant has attempted to get this claim behind me and the insurance company won’t budge. I now have to get an attorney to sue the insurance company. How long before I get paid for my car?
A: Auto theft claims are not like personal injury claims in which quick settlements can be reached. Especially if the insurance company used an outside forensic source to examine your car. The simple answer to when you will get your day in court=1 to 7 years.
Q: Can these cases be settled without going to court?
A: Yes. Commonly when I am involved where it can be shown to the insurance company that they have a very good potential of losing the case if the insurance company used a forensic person that was inept and could not support his opinion with fact.
Q: Why am I going through this in which I even need an attorney or a claims consultant?
A: You are not alone. This is a very common event throughout the US and Canada.
1) If you have a factory installed anti theft system you are suspect.
2)If you have had a previous claim. If you are perceived as to just be making it financially.
3)If you have ever been late on a bill. If your cell phone has anomalies. If they can prove you have means, motive opportunity.
4) Proof does not have to be fact, and it only has to appear that way to the average man.
Years ago a theft claim was honored with no question.
Then came the SIUs who actually investigated these claims. They found many were bogus and had some type of misrepresentation.
Then came the guy that said he could determine the last key used and the courts believed him on his highly suspect process.
Next was anti theft systems and the guys (so-called forensic) that followed in the tracks of the last key used guy that retired after making millions of dollars.
These guys too would say the ignition was last operated with a key of the proper type. They got by with their very general statements unless contested.
The new forensic examiner involving the examination of a reported stolen vehicle is now an utter sham! All that is required is to insert the ignition key in the lock and fill out a cut and paste report stating the ignition was last operated with a key of the proper type. Of course it was when the examiner was at the car!
You may figure, they don’t have a car to examine because it was never recovered. They have to pay right? Wrong!