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The following article was published in our article directory on September 18, 2015.
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Article Category: Legal
Author Name: By Richard M. Katz, Trial Lawyer
You probably did not know that that numerous automobile insurance companies use a computer program that "analyzes" your personal injury claim?
Generally, the program needs the adjuster to feed data / information into the software program. After the data is entered the program spits out a "settlement range." The adjuster than supposedly after examining your claim and considering the computer generated report makes a "reasonable offer."
These software programs rely primarily on the contents of the injured party's medical records. "Severity points" are designated for injuries, the program will also consider the history of the injured party's attorney (if any), the program considers the location of the accident, i.e., state, city and so on. Likewise other factors are taken into account (in the form of data) aspects such as liability and comparative negligence, then a settlement range is "determined."
Various insurance companies give different weights to the computer "computation." Some insurance companies follow the computer generated "offers" closely and direct their adjusters to follow the "computation." Other insurance companies utilize the computer generated offer as an overview to help the adjuster to evaluate a claim and gives the adjuster reasonable latitude.
There is more than one "personal injury" software program in use which it is believe the majority of automobile insurers use to "compute" the settlement value of small to moderate automobile accident injury claims. Simply put, the system is utilized in the very kinds of cases that many folks encounter in their life. Insurance companies thought to utilize such software applications likely include Aetna, Allstate, CNA, Erie, Farmers, Metropolitan, Ohio Casualty, The Hartford, MetLife, Travelers, USAA and Zurich. (Many other insurance coverage business utilize other kind of injury appraisal software application.).
Neither the insurance companies that utilize these software application assessment programs nor the designers of such software applications disclose the algorithms used. Very little specific information is available about the software applications.
Some basic information has actually been disclose through security leaks, generally the information comes from former adjusters at various insurance companies. According to a report in the Chicago Tribune a previous Allstate Insurance Company claims supervisor provided information and insight into these programs. The Chicago Tribune reports that a previous Allstate Insurance Company claims supervisor, Mark Romano, explained how these programs can be controlled and manipulated. Mr. Ramo slammed the injury settlement software program that he used while at Allstate Insurance Company was called Colossus. It was used to determine settlement offers for bodily-injury claims resulting from automobile accidents. The Colossus program is intended standardize the claims process by providing consistent valuation of claims for settlement offers. You can read consistent valuation as "consistent low valuation" in my opinion.
The National Association of Insurance Commissioners (NAIC), along with the Illinois, New York, Florida and Iowa insurance departments, examined the use of claims software by Allstate and how it affected the claims handling process in several different states. An 18-month investigation into Allstate's handling of injury claims from automobile accidents resulted in a settlement, which designated $10 million specifically for educating insurance regulators on the proper use claims software.
The NAIC study found "inconsistencies in Allstate's management and oversight" of the claims software. Specifically, it discovered that Allstate "failed to modify or 'tune' the software in a uniform and consistent manner across its claims handling regions," according to James Wrynn, the New York State Insurance Superintendent.
Essentially the software programs rely upon input of data covering numerous elements, of course this requires proper input of information. We have all heard the phrase "garbage in - garbage out." The programs are suppose to consider the kind of injury broken bones vs. soft tissue. Greater values are offered to those claims that easy-to-verify automobile injuries such as broken bones and herniated discs. Soft tissue injuries (pains, sprains and stress) are offered lower values.
In software application keyword injuries such as:.
stress and anxiety.
anxiety.
lightheadedness.
headaches.
muscle spasms.
queasiness.
neurosis.
radiating discomfort.
constraint of motion.
vision problems.
Making use of these keywords can enhance the "evaluation" of a claim by the software program. Therefore it is necessary these signs are recorded and included in your medical records and reports. As well, the data must be entered into the program.The software programs "consider" your medical records and reports as reliable sources of information.
The software application scoring systems typically provide greater valuation if you were taken from the scene of the accident to an emergency room and whether you were hospitalized. Also the kind of treatment the injured party received is very important. Delay in treatment or gaps in care can trigger a major devaluation of a claim by the software program. If a delay or gap in treatment happens it has to be dealt with in your medical records and/or medical report.
The software application likewise "considers" the medications an injured party was on and for how long medications were required. As well, whether the injured party has actually suffered any irreversible problems per standards stated in the American Medical Association's Guides to the Evaluation of Permanent Impairment.
I hope the above offers you an understanding of what obstacles attorneys deal with in managing a personal injury claim caused by an automobile accident. You now have a basic understanding of how these software applications influence a claim. That is why it can typically take months or years to settle a personal injury claim. The adjuster is frequently given "marching orders" by his/her supervisor. Initial offers in this types of case will usually begin unrealistically low and in time weeks, months, years will increase. Patience and Persistence is the keyword.
In case the automobile accident in which you or somebody you love suffered injuries or even worse, you should call an experienced personal injury lawyer. Do not hesitate to call a personal injury lawyer for advice and recommendations.
I, Richard M. Katz, Esq., am right here to address your concerns and offer you assist. For a complimentary assessment, kindly do not hesitate to provide me a call. 626-796-6333 or call me through my site http://www.lawyer-personal-injury-law.com/.
Keywords: personal injury attorney automobile collision car crash
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