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Are two car accidents the same? The answer is NO, but surprisingly the way that insurance adjusters are valuing claims tells a different story.
Most accident victims are unaware of the fact that a software program, known as Colossus, automatically figures their settlement. According to Computer Sciences Corporation (CSC), the maker of Colossus, the program is used by 13 of the top 20 U.S. property and casualty insurers.
CSC claims that the Colossus program increases fairness because it allows for consistency, boosts the insurance adjuster’s confidence in the negotiation process, improves the adjuster’s questioning skills and helps adjusters set accurate reserves. The program also assists insurance adjusters with the evaluation of the degree of pain and suffering, impact of the permanent injury on the victim and the effect on the victim’s lifestyle. Adjusters input such information as property damage, expected length of treatment, repair costs and many other variables. Colossus then summarizes the claim according to the information that the insurance adjuster inputted and recommends a settlement range. The settlement is based on the average amount paid out to other victims with similar accidents.
At first glance, this software program doesn’t appear so bad. After all, Colossus does increase consistency and reduces subjectivity in the claims evaluation process. If all car, truck and motorcycle accidents were exactly the same, then this software program would be incredibly effective. The truth is that just like individuals are unique, so are their accident cases.
Critics of this claims evaluation software believe that the settlement range produced by the program is not accurate and is generally too low. It does not take into account the interference that an auto accident has on the victim’s life. The program also doesn’t quantify emotional distress or loss of enjoyment of life. When a Massachusetts auto accident case goes to court, it is the jury who listens to the testimonies and available evidence to determine the extent of the victim’s injuries and the impact on his or her life. Colossus does not take into account many of the factors that a jury would consider. There are very narrow parameters used to calculate the settlement range and some professionals feel that it is not reasonable to believe that a software program can put a dollar figure on emotional and physical pain. For example, the victim may have an occupation where the injuries cause continuous pain, prohibiting the individual from returning to work in the same capacity.
The other argument against Colossus is that the final evaluation report is heavily dependent on the information provided by the insurance adjuster. There is no way for an accident victim to know exactly what information was included in the settlement decision. It is also impossible to find out if the more expensive settlements made by the insurance company are included in the average generated by Colossus.
An experienced Massachusetts auto accident attorney can make sure that you receive the compensation you deserve. Contact Thomas Kiley for a free consultation.
Thomas M. Kiley & Associates, LLP
342 North Main Street
Andover, MA 01810
Phone: 978-474-8670
Fax: 978.474.8946
Will the insurance company give me a fair settlement if I write them a reasonable letter?