Auto Insurance Claims: Auto Theft, Auto theft claim denial, anti-theft

Question
Hello.  My car was stolen a month ago and the insurance company is still investigating it because my car had a transponder on it and it still hasn't been found.  My question is how to handle the insurance company.  I have cooperated and given them everything they have asked for when they have asked for it.  They originally said that 30 days was the maximum they would wait but now they are carrying it over that.  I feel like they are treating me like a criminal because they are questioning everything I told them when I can't recall every little detail from a month ago.  I was also told that I had to sign an authorization for them to get information but that sometimes I still might need to get them the information because the authorization won't work, so why can't I just get them what they need in the first place??  They also want my mom to sign one because my cell phone was in her name and we live in her house, but I have already given them my cell phone records so why would she have to sign one??  Are they looking for text message content or some other information from the phone records?? I'm sorry this is so long but I do not know how to handle them because they keep telling me they are not trying to make me feel like a criminal or like a need a lawyer but that is how I am feeling.  I had work done on my car the week before it was stolen, I am current in my payments including the one the day it was stolen and the one I just made, my computer laptop was in the car with all of the information that I needed for work, and I do not have gap proctection and there is a big difference between what I owe and how much it is worth, so how would it benefit me to have done this on purpose?  Not everyone is a criminal, some people are victims. I just don't understand please help explain.

Answer
Hi Michelle,

Here is the process. Unfortunately, many innocent insureds get caught up in this as well. The insurance company in many cases wants you to drop your claim so they don't have to pay out.
If you go to http://www.autotheftexpert.com many answers to questions you have will be found there.
Otherwise, this answer is for you and the others that have recently inquired about this subject.

Insurance Auto Theft Claim Denial—So Everyone Understands

These days with the so-called factory anti-theft systems, it gives the insurance companies a great opportunity to deny a claim.
These systems do not prevent theft and are merely a deterrent.
There is a problem with insurance fraud, with people not being able to afford their vehicles due to job loss, divorce and many other economical factors. The insured commonly finds he owes more than what the car is worth and will report the vehicle stolen in hopes the insurance company will just pay out without question.
Are these people just plain crooked? Not always, desperation will make good people consider this option.

What they do not realize is there are ways to determine how a reported stolen vehicle was last operated. This is done by an independent examination of the vehicle, ignition lock, keys, computer system etc.
A report is generated by the examiner. The problem with this is that many of these forensic experts are not experts at all and look at these vehicles as to how they would attempt to steal the vehicle as a locksmith, not a thief.
The locksmith has all the time in the world to generate a key. The thief does not have that luxury.
The claims person will have canned “insurance fraud indicators” that contradict each other and fit just about anyone.
Combine the fact that the vehicle is equipped with a factory installed anti-theft system, and the answers to the fraud indicators, the recorded statement and you have a recipe for a theft claim denial, even if the insured is innocent of being a party to the theft.

The claim is then sent to the SIU.

The SIU commonly assigns the examination of the vehicle to an independent forensic locksmith (which, almost always favor the insurance companies under the title “forensic” because that is the expert’s bread and butter)

There is a separate unit in the claims department that investigates these claims known as the SIU (Special Investigation Unit). Many are ex-cops and are good at interrogating.
They will ask you for a recorded statement about the theft incident. They will require you to produce phone records, tax records and many other documents. They will have the insured go through a EUO (Examination under Oath) and compare the answers from the recorded statement to the EUO answers.
The insured by the policy is required to cooperate or the insurance company can deny the claim for non-cooperation.

Now, depending on the protocol of the company, the investigation can go on for months and in reality, it has been my experience that usually when a claim goes this far, it will be denied.

The problem is that if you are innocent, your life will be in limbo. You can’t do anything. You are basically guilty until proved innocent.
You will find innuendo, assumption, speculation is commonly perceived as fact.

Once the claim is denied, then you can get an attorney and sue for bad faith. It is best to not pick a general attorney, but an attorney familiar with contract law and bad faith.
At this point, you need my services as your expert if you are innocent because I have the same credentials or more than the insurance experts as it relates to the vehicle. A regular locksmith will not do and in court there is emphasis on the title “forensic.”
What I do is examine the evidence related to the vehicle. I also scrutinize the insurance expert’s report to determine if he can back up his conclusions with fact, not net opinion. I also make sure the insurance expert's methodology used to make the determination as to how the vehicle was last operated is sound.