• Fatalities/Serious Injury

Phil is regarded by many professionals in the legal and insurance claims business as one of the best investigators in fatal or serious injury cases. His many years of experience investigating serious cases along with his natural ability to connect with people come together to make him one of the most effective in the field at finding the truth. For example, Phil has been able to obtain admissions from drivers in fatal accidents where the pivotal issue is who was driving at the time of the accident.

Phil received special training in accident reconstruction from one of his mentors, Detective James Goodwin, who eventually retired from the Phoenix Police Department after many years of service investigating fatalities and teaching others the science and art of accident reconstruction. Anyone who remembers Jim will agree he was probably one of the most knowledgeable and ethical people in the profession. Phil’s passion for the truth created a connection and friendship with Jim lasting over 25 years. The best advice Jim ever gave Phil was to stay in the profession as an investigator instead of becoming an expert witness in reconstruction. Jim felt that the fact gathering and people skills Phil possessed would be wasted in the technical aspects of pure reconstruction.

The knowledge however was not wasted. When gathering facts through interviews, Phil is able to more effectively interview witnesses from several reference points by understanding the physics as it relates to witness accounts and the physical evidence. In cases that are already in litigation, Phil is able to examine what has been established to date and what additional investigation is needed to reach a successful conclusion. Often, Phil is asked to reinvestigate a serious case years after the event occurred, finding witnesses or additional evidence not developed previously. Read Case Study

• Fire Investigation—Origin/Cause/Motive

Phil is a Certified Fire Investigator (CFI) through the International Association of Arson Investigators, one of the most respected organizations in the world regarding fire investigation. The road to obtaining this prestigious certification is long and difficult. Phil began his formal training toward obtaining this certification in 1992. After completing hundreds of hours of special training and passing the examination, Phil was awarded his CFI in 2002.  Since that time, Phil has rendered expert opinions as to cause and origin as well as testified in numerous depositions. This is in addition to the investigation he has been doing for many years with respect to fact gathering, interviews, time/event sequence and motive development on both accidental and incendiary fires.

Phil is well known and respected by law enforcement and fire service professionals.  Fires can be extremely difficult, complex, and adversarial to investigate.  While an understanding of fire science and fire dynamics is essential, the human element is often the key factor in fire investigation.  Phil has conducted thousands of interviews of all types as well as studied various interviewing styles taught by some of the best interview experts in the business.  He has developed his own unique method by utillizing information from all of these sources.  Phil’s philosophy, “it’s all about people” is certainly no truer than in fire investigation.  When an interview is conducted properly and not rushed, far more valuable information is acquired.

Most arson cases in particular are largely "circumstantial," a term which prosecutors and insurance attorneys are not fond of.  However, with Phil’s experience in putting all the pieces together in such a way that a reasonable person could reach only one conclusion, authorities are often willing to proceed.  Anyone that has read one of Phil’s reports will verify that his work is thorough, concise, and flows smoothly to conclusion. Read Endorsement    Read Case Study   Read 2nd Case Study

• Theft/Burglary
  

Every insurance company has a list of “red flags” they consider when reviewing new losses concerning vehicle theft, personal or business property thefts, and burglaries. The flags are a time tested and proven method of identifying suspicious claims. The difficulty is always proving what really happened.  Phil has learned from the thousands of suspicious claims he has investigated that no one thing by itself means anything. The totality of all the facts and circumstances must be properly gathered and evaluated. There are many instances where an explanation for suspicious circumstances can be found if the claim is properly investigated. Certainly no reputable insurance company would want to deny a legitimate claim. This is not only morally wrong, but civil litigation which could include bad faith will make a hasty denial very expensive.  Further, especially since these are first party claims, the insured has the right to be treated with respect and honesty at all times.
 
Over the past 35 years, Phil has conducted thousands of auto theft and burglary investigations, most of which were considered suspicious due to “red flags.”  In many of these cases Phil was able to resolve the issues in favor of the insured.  Phil’s philosophy is simple, “If someone is telling the truth I am their best friend."  However, if the facts don’t line up the investigation is going forward until they do. His persistence has resulted in many criminal convictions of those who chose to commit insurance fraud.  Phil takes no pleasure in seeing otherwise average people end up with a felony criminal conviction on their record. However, it is well known that often those who are willing to go to any lengths to play their hand out will often try it again after making adjustments for prior mistakes leading to detection.  Read Case Study

• Automotive Forensics
  

The past ten years have seen many changes in passive anti-theft systems fitted by manufacturers to newer vehicles. The earlier systems were quickly defeated by thieves who were able to clone keys or otherwise defeat the electronic theft deterrent features. As greater numbers of manufacturers improved the technology, thieves have had to resort to towing the vehicle to another location for time consuming defeat of the anti-theft system or bring a “kit” containing the necessary control module and other components to defeat the newer encrypted anti-theft systems.

For some reason thieves have plagued those behind in payments, with high mileage on soon to expire leases, or those just tired of making $600 a month payments that never seem to end. These vehicles are often recovered burned, stripped, or abandoned with no damage or theft of components. Automotive forensics attempts to answer the question of how the vehicle was last started and driven. In order to steal a vehicle the thief must get inside (forced entry) start the vehicle (defeat ignition lock and electronic anti-theft system) as well as steer the vehicle (defeat column lock on steering). There must be evidence of some type left behind, either visible damage or alterations to the system.

Gary R. Constable was an Automotive Electrical Master Tech for 40 years before joining Rust Investigations in 2006. Gary has inspected hundreds of recovered theft vehicles as well as mechanical failures alleged to be covered losses. Gary has also conducted many training seminars for client companies wishing to learn more about the complex new systems being made for newer vehicles. Gary is qualified to testify as an expert in both theft and failure analysis cases involving any type of vehicle. In addition, Gary is able to render opinions concerning cause regarding mechanical and electrical failures alleged to be covered losses. Gary also assists Phil in determining origin and causes of accidental fires. Gary’s expertise in automotives combined with Phil’s background in investigations creates a perfect combination for cases involving automotive forensic issues.