Don't Insurance Adjusters Try To Be Fair? Colossus Part 1

Columbus, Ohio. Personal injury, car accident attorney David A. Bressman has helped thousands of injury victims over the past 19 years.

You are involved in a car wreck or other injury causing incident. Now the adjuster contacts you and makes all sorts of promises -- we'll treat you fairly, offer you a fair amount.... But, in many instances, the adjuster is no more than a glorified data entry technician. This is because many insurance companies use computer programs whose sole purpose is to remove the human element from claims evaluations and leave the adjuster with little to no discretion on the true value of your claim. In other words, the nice adjuster on the phone may just input your bills and then offer you whatever the soulless computer program tells her to offer you, regardless of your injuries and the effect these have on your life.

Many insurance companies now use a computer program, or one similar to it, called "Colossus." By one estimate, from 1995 to 2005, 70 percent of the auto insurance industry has implemented claims assessment software, including COLOSSUS, Claims Outcome Advisor, and InjuryIQ to evaluate bodily injury claims. These cost containment programs have resulted in plummeting case settlement values.

The effect of these programs is especially evident in "soft tissue claims." Soft tissues involve the muscles and ligaments as opposed to the "hard tissues" like bones. According to the Insurance Research Council, 85 percent of all claims involve soft tissue injuries. Within the U.S. there are approximately 6 million auto accidents per year. With Colossus analyzing more than 60 percent of these cases, the program may be analyzing up to 3 million "soft tissue" injuries per year in the U.S. alone.

Due to the prevalence of soft tissue claims, and the lack of technology presently capable of proving their existence to juries, these claims became a target for the insurance industry in its attempts to reduce claims payouts and increase pmfits. It is clear that of Colossus was developed to further the insurance industry's desire to limit payout on the largest percentage of their claims.

NEXT: More on how Colossus works.

Smart Tips for Buying Car Insurance

Columbus, Ohio. Personal injury, car accident attorney David A. Bressman has helped thousands of injury victims over the past 19 years. Unfortunately, there are many he could not help because they simply did not have the right insurance.

Some statistics indicate that nearly 1/4 of all Ohio drivers do not have insurance. What happens to you if you, or a loved one, are injured through no fault of your own but the at-fault driver does not have any, or adequate, insurance? The answer is that we have to look at YOUR auto insurance policy to see if you have adequate coverage.

If you are injured, the other has no insurance and you do not have insurance...then what? Then consider bankruptcy. The other party will have to be sued, a judgment obtained and then collected upon. Good luck with that! The doctors and hospitals are not going to forgive your bills just because neither you nor the at-fault party lack insurance. Thus, you are stuck with the property damage, the medical bills and being injured to boot. All because there was no insurance to cover the crash.

Tip #1: If you have been putting off getting car insurance, do it...NOW.
Tip #2: In most instances, liability only coverage is stupid but if it is the best you can do for now, then at least get that.
Tip #3: Get full coverage, it's actually pretty cheap and well worth it when the inevitable car crash happens. Get a bunch of quotes, they are available online and from independent agents. If you are a client of mine, I'll review the quotes with you, free of charge, and make suggestions on what is, and is not, appropriate. If you are not a client, I'll still do the review but you'll have to pay me for my time.
Tip #4: Get uninsured/underinsured coverage. It used to be that this coverage HAD to be offered as part of your full coverage but now it does not. If you can, get this coverage, it provides you with a security blanket should you be hit by a driver who has no insurance or who has low limits insurance.

MORE TIPS TO COME......................

Ways to Avoid A Car Wreck #12

#12: Know What Is At Your Side

Scanning your surroundings (keeping your eyes moving) includes keeping a safe distance around your vehicle. When another driver makes a mistake, you need time to react. Give yourself this time by keeping a “space cushion” on all sides of your vehicle. This space cushion will give you room to brake or maneuver if you need it.

Keep an eye on the drivers to your sides, not just their cars. If a driver just ahead of you in the next lane keeps glancing in your direction, he might soon merge in front of you. Give this driver room, or at least stay out of his blind spot. If a driver next to you appears to be speaking on a cell phone adjust your speed to distance yourself from that vehicle.

If you only look at the middle of the road, you will miss what is happening on the side of the road and behind you. Scanning helps you to see:

* Cars and people that may be in the road by the time you reach them.
* Signs warning of problems ahead.
* Signs giving you directions.

Any time you come to a place where people may cross or enter your path or one line of traffic meets another, you should look to the left and right sides of your vehicle to make sure no one is coming. Always look to each side at intersections, crosswalks, and railroad crossings.

To maintain a space cushion on each side of your vehicle:

1. Don’t stay in another driver’s blind spot. The other driver may not see your car and could change lanes and hit you.

2. Avoid driving alongside other vehicles on multilane streets with or without traffic in the opposite direction. Another driver may crowd your lane or change lanes without looking and crash into you. Drive either ahead of or behind the other vehicle.

3. If possible, make room for vehicles entering freeways even though you have the right-of-way.

4. At freeway exits, don’t drive alongside other cars. A driver may decide to exit suddenly or swerve back on.

5. Keep a space between yourself and parked cars. Someone may step out from between them. A car door may open or a car may pull out suddenly.

6. Be careful when riding near bicyclists. Always leave plenty of room between your vehicle and any bicyclist.

Ways to Avoid A Car Wreck #11

#11: Don't step on the brake when driving over a pothole.

Winter in Ohio is upon us and with this comes the inevitable potholes. Often, the natural reaction is to stomp on the brakes as you go over the pothole. The suggestion below is that this is probably not the right way to deal with a pothole.

Reason: Hitting the brake as the car goes over a pothole shifts the car's weight forward onto the front wheels. This increases the impact force and can damage the car's suspension and brakes. This can also alter wheel alignment.

Better: Brake before the pothole to slow down the car, then release the brake as you go over pothole and, if necessary, brake right after the pothole.

Source: www.motorwatch.com

Ways to Avoid A Car Wreck # 9

Columbus, Ohio. According to personal injury attorney, David A. Bressman, nearly 40,000 people die each year in car wrecks. Further, of the nearly 6 million car wrecks yearly, almost 50% involve an injury. The best way to avoid injury is drive safely and prudently. This, of course, is obvious but too few "experts" give any meaning to driving safely and prudently. The following series is designed to give you some practical pointers on HOW to do this.

#9: Let aggressive drivers pass or find some way to get out of their way. If a driver behind you tailgates, flashes his headlights, gives you hand gestures or makes numerous lane changes, get out of his way as soon as possible. This aggressive driver is an imminent hazard and you don't want to be anywhere near him. If you're in the left lane, ease into the right lane as soon as you can safely do so to let him pass. If it's a two-lane highway. maintain your speed until you can safely pull off and let the aggressive driver pass.

Helpful: Certain types of vehicles offer hints that their owners might be more aggressive or careless on the road. These include cars that have extra-wide tires or loud mufflers ... numerous dents ... or are covered in dirt and grime. Try to give such vehicles a wide berth or at least your close attention.

Hint: With so many distractions while driving – radio, cellphone, texting, GPS...- it may be that the other driver is NOT aggressive, merely distracted. Sometimes spraying windshield fluid, which will carry back from your car to the car tailgating you, is a gentle reminder to that driver to wake up and pay attention.

Ways to Avoid A Car Wreck # 6

Columbus, Ohio. According to personal injury attorney, David A. Bressman, nearly 40,000 people die each year in car wrecks. Further, of the nearly 6 million car wrecks yearly, almost 50% involve an injury. The best way to avoid injury is drive safely and prudently. This, of course, is obvious but too few "experts" give any meaning to driving safely and prudently. The following series is designed to give you some practical pointers on HOW to do this.

#6: Use your brake lights to be more visible to those behind you. If there is a vehicle behind you when you need to slow down, tap your brake pedal very slightly a few seconds before braking, assuming there is time to do so safely. When stopped in traffic or at a light, tap your brake a few times as another vehicle approaches from behind. This is particularly helpful if the drivers behind you are looking into the sun.

Questions For the Adjuster That Simply Won't Get Answered # 4

Columbus, Ohio. Personal injury trial lawyer, David A. Bressman, has over 20 years of experience representing injury victims. Over that time period, he has come across many who have pretty basic, fairly easy questions that they would like the insurance adjuster to honestly answer. In his experience, most adjusters either refuse to answer or provide misleading information. He presents to you a series of questions, and likely insurance company responses.

"QUESTION 4: If I give you a recorded statement, can I then get a recorded statement from your own insured, i.e., the other driver?

ANSWER: No! This will never happen. It seems fair though doesn’t it? If you have to give a statement about the accident, then why can’t you also get a statement from the other driver? Yet, the insurance adjustor will never allow this for the same reasons you should never give a recorded statement to the insurance company. The adjuster wants to PIN YOU DOWN but, wisely for the insurance company, will never allows its at-fault driver to be similarly boxed in. The adjuster wants YOU to be put in a bad position, period.

Questions For the Adjuster That Simply Won't Get Answered #3

Columbus, Ohio. Personal injury trial lawyer, David A. Bressman, has over 20 years of experience representing injury victims. Over that time period, he has come across many who have pretty basic, fairly easy questions that they would like the insurance adjuster to honestly answer. In his experience, most adjusters either refuse to answer or provide misleading information. He presents to you a series of questions, and likely insurance company responses.

"QUESTION3: Why does the adjuster insist that I have to give a recorded statement when the adjuster can get information about the accident from the police report?

ANSWER: Because the insurance company will try to use your own statements against you! In most accidents a police report will be filed and the insurance company has easy access to this report (it just takes a written request and a small fee). So why is a recorded statement necessary? Most companies have written policies in place which require the adjuster to get
a recorded statement to see if there’s any information the accident victim might reveal which could be later used to either deny the claim or pay out less money when settlement occurs.

For instance, let's say that you are contacted by the adjuster the day after the accident. You have some aches and pains but, you think, nothing too serious.The adjuster puts you on tape agreeing that you have little or no injury but, lo and behold, you wake up the next day with excruciating neck and back pain. You are now in serious trouble since you have now gone "on record" as minimizing your own injury. In effect, you have now become your own worst enemy! These recorded statements are, mostly, done to pin you down to a point in time when you might not be aware of the full extent of your injuries. They are also, mostly, done without an attorney present to advise you on what are fair, and unfair, topics.

My usual approach to requests for these types of statements -- denied!

Questions For the Adjuster That Simply Won't Get Answered #2

Columbus, Ohio. Personal injury trial lawyer, David A. Bressman, has over 20 years of experience representing injury victims. Over that time period, he has come across many who have pretty basic, fairly easy questions that they would like the insurance adjuster to honestly answer. In his experience, most adjusters either refuse to answer or provide misleading information. He presents to you a series of questions, and likely insurance company responses.

"QUESTION 2: Will the insurance company verify that the settlement amount being offered to me is fair and reasonable?"

ANSWER: The adjuster surely will TELL you what you want to hear -- of course, the settlement is fair, you wouldn't expect an insurance company to tell you any different. But the adjuster can’t verify or prove that everyone with similar injuries never receives more. Unless you are in the business of negotiating and settling injury claims there is little chance you will know whether the settlement amount that is being offered is fair. Therefore, by negotiating and settling the claim yourself without using the assistance of a professional (i.e., personal injury attorney) you run the risk of accepting a sum that may turn out to be much less than what is considered reasonable for your type of claim. Moreover, once you accept that amount, and sign the accompanying release, then you are forever barred from revisiting and reopening your settlement. In other words, you had best be sure that you are fairly, and fully, compensated before agreeing to, or signing, anything..

Questions For the Adjuster That Simply Won't Get Answered #1

Columbus, Ohio. Personal injury trial lawyer, David A. Bressman, has over 20 years of experience representing injury victims. Over that time period, he has come across many who have pretty basic, fairly easy questions that they would like the insurance adjuster to honestly answer. In his experience, most adjusters either refuse to answer or provide misleading information. He presents to you a series of questions, and likely insurance company responses.

If I use an attorney, I’m likely to recover more money in settlement than if I try to settle
the claim on my own?

ANSWER: Don’t be surprised if the adjustor says “no.” But why lie about this? Because a study by the Insurance Research Council (a nonprofit group funded by major insurance companies across the nation) and titled “Paying for Auto Injuries” found that the average total payout on claims that have an attorney is 4.8 times greater than those claims where the injured victim settled on his or her own.

This study showed that individuals who use an attorney receive 3.28 times more money after the attorney’s fee is paid. Most insurance claims adjustors are very aware of this study. So, if the insurance company wants to maximize profits it will train its claims representatives to go to
great efforts to dissuade people from hiring an attorney. Simply put, the insurance companies know that if you hire counsel you will likely get more money in settlement, even after deducting
the lawyer’s fee.

Common Insurance Company Arguments/Excuses #11

Columbus, Ohio. According to David A. Bressman, a personal injury lawyer who limits his practice exclusively those injured in car accidents, insurance companies use many standard arguments when trying to minimize payment to injury victims. Here is #11 in this ongoing series:

"Minimizing the Severity of the Collision"

• The property to damage to either, or both vehicles, was minimal.
• Your vehicle was equipped with shock-absorbing bumpers, headrests, seat belts, which made impact injuries impossible or improbable.
• No other persons involved in accident had injuries.
• The At-Fault Driver claims he was only going 5 mph or less.
• The damage repair estimate shows only $1,000 of damage to your vehicle. THIS IS WHY YOU MUST GET YOUR OWN ESTIMATE AND NOT RELY ON THE INSURANCE COMPANY.
• Your airbags never deployed so the forces had to be minor.
• The at-fault driver’s airbags never deployed so the forces had to be minor.