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Secret one: Rigorous legal time limits may deter victims from approaching the courts. Insurance companies rely on these time limits, known as the statute of limitations. Failure to act in a timely manner may be a complete bar to your right to recover compensation for injuries caused as a result of the negligent actions of another person. Negligence claims against private entities in California must be filed in court within 2 years from the date of discovery of the injury.
A specific claim must be filed against government entities within 180 days, otherwise the victim may be barred from even filing a lawsuit. There are many entities, such as hospitals and recreational facilities, that may not appear to be associated with the government. However, if they are owned or operated by a government entity, the victim only has 180 days from the date of the injury to file a claim.
Secret Two: Immediately after the insurance company is contacted about an accident, it will assign an experienced adjuster to investigate the accident and collect evidence that will enable the insurance company to dispute your claim and reduce your monetary losses. will provide the basis for
Secret Three: If you were injured by an uninsured motorist, your own insurance company would be your adversary, even if your policy requires you to cooperate with the insurance company.
Secret Four: Many auto insurance companies now use the Colossus computer program to evaluate claims for accident victims. Colossus is software used by insurance companies to help predict the settlement value of injury claims. It is used by more than 50 percent of the nation’s claims adjusters and more than 300 insurance companies, according to the program’s designers, Computer Science Corporation. 13 of the top 20 US property and casualty insurers are using Colossus. The Colossus is kept secret by the insurance companies that use it; The adjuster will not tell you whether the company uses the software or not.
The insurance industry says it is a useful tool. Personal injury lawyers know that software is on the side of the insurance companies. First, the value that is obtained is by definition a function of the data input. No one knows what data input the adjuster has. In addition, the program does not consider the subjective elements of the case that result in interference with normal life activities such as an injury that is impossible to deal with. These signs of pain and suffering are proved at the trial through the testimony of the injured parties and witnesses. A computer program can’t measure emotional distress or loss of enjoyment of life? The colossus assessment is an incorrect assessment because it attempts to reduce the victim’s injury to a dollar value based only on certain facts, which do not reflect the victim’s condition or the totality of the accident events.
In a trial, a jury determines the value of a claim, and the jury hears and considers many factors that Colossus ignores. Colossus has no way of evaluating any subjective elements that might skew the jury’s award. Each victim is just a compilation of numbers in the Colossus program. Hardly any different from thousands of other contenders.
Experienced personal injury attorneys know how Colossus works and how to get the best settlement when working against insurance companies that use the program. The key is to make sure the adjuster understands that you, the victim, are an individual, not a number, and that your accident is unique, not one of thousands of similar incidents. Adjusters need to have confidence that your attorney will take the matter to trial if necessary. Preparing sincerely for trial is the best way to ensure a top settlement.
Secret Five: Insurance companies have immense legal advantages compared to the average person: great wealth, thousands of trained adjusters, sharp attorneys and experts, and more than 20 legal defenses that they use to reduce or deny a victim’s compensation. Insurance companies are profit driven corporations. The goal is to earn money. Insurance companies make every effort to minimize the payment of claims.
Secret Six: Insurance companies do not want you to hire a lawyer. The reason is simple. Except in minor cases, victims are consistently awarded higher compensation when represented by a lawyer. Auto insurance giant Allstate’s own documents show that accident victims who retained attorneys received 2 to 3 times more than victims who were not represented.
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