Maryland Car Accident Lawyer Blog

This post won't go into detail about whether you can or should handle a Maryland auto accident lawsuit by yourself--that's a post for a different day (for information about filing a lawsuit on your own, see the legal Self-Help section of our website).

Instead, this is to help answer whether you should settle your case on your own, or whether you should hire a lawyer to do it for you. The analysis will depend on where you are in the process:

I Was Recently In An Accident And I'm Not Finished With Medical Treatment

Early on after an automobile accident, there are a few good reasons to hire a lawyer:

• You need medical treatment, but you either have no health insurance, insufficient PIP insurance, and you can't pay a doctor to treat you
• You don't want to deal with the paperwork (filling out a PIP application, or ordering medical records, for example) or time (dealing with insurance adjusters)
• You want someone else to take care of your car's property damage
• You're concerned that the insurance company (either yours or the negligent driver's) might take advantage of you

Of course, the converse of each of these is also true. If you don't mind spending the time to deal with the accident, you have enough PIP insurance, and you can handle your property damage issues, then you can do it all yourself. You can choose to hold off hiring a lawyer, or you might choose to just resolve the whole thing on your own. People who have limited medical treatment, for example a visit to the emergency room and maybe a primary care doctor appointment, can easily handle this on their own. The more medical treatment an auto accident victim has, though, the more complicated the case becomes. In those situations, it might be good to have the advice of a lawyer. Clearly, if the victim requires surgery, or is in treatment for more than 6 months, a lawyer is a good idea. Anywhere in between is something of a gray area.

I Have Finished All Of My Medical Treatment And I'm Ready To Settle My Auto Accident Case

If the case is ready for settlement, a person injured in an auto accident may try to settle the case on his own. He can probably do so if:

• He's willing to spend the time and money to order all medical records and bills
• He's willing to spend the time dealing with the insurance adjuster
• He's willing to spend the time collecting other important evidence: witness statements, police reports, etc...

Beyond this, it becomes a simple mathematical calculation. A person who has reached this point might choose to try to settle it and, if the insurance company's offer isn't good enough, he can then hire a lawyer. The calculation to determine whether a lawyer is a good idea is as follows:

Unrepresented Settlement Offer ≤ 66.66% Represented Settlement Offer

Most lawyers take auto accident cases on a contingency fee basis, which means that they get a percentage of the final settlement or verdict. Most lawyers' agreements provide that the client gets 2/3 (66.66%) of any pre-lawsuit settlement, and 60% of any post-lawsuit settlement or verdict (this number doesn't include expenses, which are usually modest in the smaller District Court-level automobile claims). The real question is whether the lawyer, either by adding his name or by expert negotiation/litigation skills, can increase your settlement or verdict by more than 2/3 (if pre-lawsuit) or 60% (if post-lawsuit). If so, you will do better by hiring a lawyer.

The reality is that insurance companies do tend to make higher offers to auto accident victims represented by lawyers. Sometimes it is enough of an increase to justify the attorneys' fees; sometimes it is not. I suspect that the main reason is inertia--insurance companies know that an unrepresented accident victim who is negotiating his own case is already less likely to hire a lawyer under any circumstances--they will sometimes accept settlements because they don't know what their case is worth; or they will sometimes accept settlements because it is easier to be done than to go that extra step to hire a lawyer. Once a lawyer is involved, however, the proper response to a low offer is to file a lawsuit, which puts the insurance company's feet to the fire (some lawyers are settlement lawyers, and some lawyers are trial lawyers--you must make sure that you hire someone with a track record of going to trial).

The only difficulty for most people is that it can be hard to know what their case is really worth, and what offer a lawyer would get. Check out the Maryland Auto Accident Settlement Calculator for more information. As a very rough rule of thumb, if the insurance company is not offering you a settlement that equals at least double your medical expenses, plus your lost wages, then they are not even trying to give you full value. In some cases, that number should be much higher than even that.

The Value A Lawyer Brings To Your Case

So what can a lawyer do for your accident claim? Here's how they can help make your life easier:

• Deal with your insurance company to ensure that PIP makes the proper payments
• Deal with the negligent driver's insurance company to get your car's damage taken care of
• Deal with the negligent driver's insurance company to settle your case
• Help to recommend a doctor if necessary (I prefer that clients go to their own doctors; in some situations, however, this is not realistic)
• Collect all evidence, including witness testimony, medical records and bills, and police reports
• Educate you as to the settlement value and trial value of your case
• Negotiate down the amount owed by you to your doctors or health insurance
• File a lawsuit, if necessary

Contact An Experienced Maryland Auto Accident Attorney

You may be able to handle your own auto accident case, and that's great. If you have general questions, feel free to give us a call. If you don't want to take care of it by yourself, let us know at 443.850.4426, or send us a confidential online message.

We've had a spate of referrals from out-of-state lawyers lately that involve Maryland auto accidents, usually Maryland defendants, but out-of-town plaintiffs. The scenario is that an out-of-towner is traveling in Maryland, perhaps even on vacation, and is hit by a negligent driver here in Maryland. Some of these are Ocean City auto accidents, others are for less traveled destinations in our state. Those people may treat here in Maryland while they are here, usually an emergency room visit or two, and then they finish out their medical treatment in whatever state they come from. They contact a lawyer in their home state, and that referring attorney may attempt to settle the case on his own; if that doesn't work, he needs a Maryland lawyer to file and litigate the lawsuit here in a Maryland court.

There are a couple of other of permutations--Maryland drivers visiting a vacation spot in Maryland, and hit by a negligent out-of-town driver. Out-of-town driver visiting Maryland hit by another out-of-town driver in Maryland. In each case, the lawyer should consider the best place for the lawsuit if it doesn't settle.

In Maryland, the rules about where lawsuits can be filed are usually clear. Maryland Rule § 6-201 provides that lawsuits can typically be brought in a county where the defendant lives (if a person), or where a defendant has its principal place of business (if a corporation). Rule § 6-202 provides that a lawsuit can also be filed in the county where the accident occurred.

Particularly where accidents happen for a person on vacation, there may be multiple options on where to file a lawsuit. The police report will typically show the address where the defendant lives; if that is different from where the accident happened, the lawyer should compare the potential judges/juries, and make a decision about where the case will likely have the most success. Another consideration is the convenience of the plaintiff--if the victim is from another state, he or she may have to travel back to Maryland for a trial if an auto accident settlement is not possible. However, it may be more convenient for a local accident victim to choose one permissible venue over another. The lawyer's client should be included in the decision making process.

In Maryland auto accident claims, the victim of a negligent driver is entitled to recover the cost of all reasonably related medical expenses. For example, if a driver runs a red light and hits another vehicle, the emergency room visit for the other vehicle's occupants should be paid by the negligent driver's insurance company.

Sometimes, however, the injured person's medical care is paid for by health insurance, or by personal injury protection (PIP) insurance. Maryland has a law called the collateral source rule, which says that the negligent driver cannot benefit from other payments made to the victim.

Under the collateral source rule, even if a victim's medical bills are paid by insurance, the negligent driver must pay the value of those bills directly to the victim. In some cases (notably, PIP), the victim gets to keep the money. This is something like a double-recovery in some cases. However, it helps many smaller accident victims by making them whole, when the attorneys' fees are factored in.

In other cases, however, the victim must pay back the insurance company. This is especially true where medical expenses were paid by medical assistance (Medicaid) or Medicare. But, it also typically holds true when private health insurance pays medical expenses. The contract between an insured and a private health insurer usually contains a provision that that requires a victim/insured to reimburse the health insurance company for payments made that were required because of the negligence of another.

The way that health insurance companies find out if the accident was caused by negligence is usually to send out a form to the insured, asking about the circumstances surrounding the injury. They send these forms out automatically when they find out about certain types of injuries that are typically caused by accidents--whiplash, back injuries, etc....

If there is an obligation to pay the private health insurance company back, the victim's lawyers can usually negotiate the amount owed down. One good argument is that the health insurance company would not have received any reimbursement at all, had the victim not hired a lawyer and paid his one-third to 40% in attorneys' fees. The argument we make is that the health insurer should have to pay the same fee by reducing the amount they are paid back. This gets more money into the victim's pocket.

If you have questions about paying back a medical provider after an accident, contact our firm at 443.850.4426, or send us an online message.

How do lawyers determine the value of an automobile lawsuit? Check out the Maryland Auto Accident Settlement Calculator, on the Charm City Lawyer Blog.

Given the prevalence of cell phones and smartphones, the likelihood is that many if not most automobile accidents are caused by distracted driving. The NHTSA estimates about 3,000 fatal distracted driving auto accidents in 2011. One study suggests that cell phones may be the cause of 1.6 million accidents per year, which is 28% of all auto accidents. Maryland has been improving the laws year after year, but some research questions whether existing laws around the nation are good enough.

As far as punishment, some believe that higher fines will increase compliance, just as it did for seatbelt laws. New Jersey is considering a $200 fine for the first offense with a license suspension for 90 days for the third offense. Connecticut has already increased fines to $125 for a first offense. In Maryland, the fines are relatively light. Talking on a cell phone can cost $40 for a first offense and $100 for subsequent offenses. Sending or reading e-mails or texts is punishable by $70 fine for the first offense and $110 for subsequent offenses.

We should beef up the penalty provisions--larger fines and points (right now, there are no points issued for speaking on a phone for the first offense unless it causes a collision). Financial penalties provide most people with an incentive for good behavior, which will lead to safer roads.

The vast majority of people don't want jury duty. As a lawyer, I've always hoped for the opportunity to serve and experience "our civic duty" firsthand. I've been called twice, but have not been selected. Still, hanging out with the throngs of "potentials" has verified for me that some people will say anything to try and get out of jury duty, but most people will just hunker down and go through the process. But, they might not be happy about it.

Baltimore City lawsuits require Baltimore City jurors, and until recently, most people were called once every 18 months if not selected for a trial, and once every three years if they were selected for a trial. That is changing. Baltimore City residents are now being called every year.

The source for our jurors is voting records and driving records. Baltimore Sun writer Michelle Alston correctly observes that many Baltimore City residents neither vote nor drive, so there should be another way to identify those residents. The number of non-drivers in the City is especially disproportionate, where many people rely on buses and light rail. She suggests using social security numbers. There are, in fact, any number of ways to do it. Most residents pay taxes--any resident who files a return should be subject to the rigors of jury duty.

The reality is, though, that jurors who are called more frequently are not likely to be significantly more resentful. Those jurors who are extremely upset are going to be upset if called once a year or once every five years.

Lawyers must address the problem at two points. The first is during voir dire, which is the time that judges and lawyers are allowed to ask the jurors questions to determine whether they can be fair. Strong feelings of resentment should be probed, and the lawyers should ask the judge to strike those jurors for cause, arguing that they cannot be fair, and they are wild cards--in particular, they are more likely to punish the plaintiff for filing the lawsuit and forcing them to be there. If the judge will not grant the strike for cause, lawyers should be prepared to exercise their peremptory strikes--each side gets a limited number of these, though, so it might not always work out.

The second opportunity to deal with resentful jurors is during the trial. Lawyers should of course thank jurors for their attention and time. Many lawyers acknowledge the difficulties and inconveniences of jury service. Most importantly, the case needs to keep moving--delays are likely to cause resentment to bubble over, and if the jury believes that one side is causing those delays, the verdict may turn out differently than it should.

Insurance is complicated business, and many of our auto accident clients get a crash course in coverage only after the collision. One common question from people involved in Baltimore auto accidents is whether there is insurance coverage for their automobile accident. Sometimes, this is in context of a negligent driver who was not the owner of the vehicle. There are three typical situations:

When the accident is caused by a non-owner, but the driver had permission of the owner to drive the car, the owner's insurance will cover the accident and all injuries related to it. In that case, any lawsuit filed will be against the driver, but the insurance company will step up to defend the case. The lawsuit can also include the owner of the car if that owner knew or had reason to know that the driver was a dangerous driver. That is a very high bar, and requires a clear showing that the negligent driver had a history of accidents that the owner should have known about.

When the negligent driver is specifically excluded on the insurance policy, or if the negligent driver did not have permission from the owner to drive the vehicle, then that insurance coverage will not apply. This often happens in situations where the car is stolen. Typically, the only source of coverage in a situation like this is through the uninsured division of MAIF.

When an auto accident is caused by a driver who is employed and on the job, the driver's employer is typically going to be on the hook for all damages and personal injuries. In Maryland, the driver is treated as an extension of the company--a lawsuit will typically be filed against the driver, individually, and the company, as employer. That company's insurance coverage will apply to all claims.

Heavy Duty Trucking Magazine published a fantastic review of a new highway agreement. Here are the important points:

• Trucking interests were denied their requested increase in truck weight restrictions to 97,000 pounds (see more on this at our earlier post: Cutting Bigger Big Rigs Off At The Pass)
• Electronic driving logs will be required
• the FMCSA will conduct a study of the 34-hour restart rule

Electronic driving logs, if implemented correctly, will ensure accuracy, can prevent tampering, and can foster accountability. Driving logs are one of the most important sources of information in Maryland truck accident lawsuits--we obtain those records and comb through them in order to find rest and sleep violations, which are frequently the cause of serious or fatal truck accidents.

One small stretch of road in Baltimore County is claiming more lives than it should. Auto accidents on Jarrettsville Pike in Phoenix, Maryland are averaging two per week, with 73 injuries in three years. There was one death in 2008, and four deaths this year. The Baltimore Sun discussed the history of this stretch of road in a recent article.

Local residents know it as "Dead Man's Curve." The ominous nickname has been in place for many years, even before the government sent engineers to alleviate its most dangerous characteristics. Even now, the sharp turn, steep hill and obtrusive vision-limiting trees form equal parts of the injury equation. Inexperienced drivers, drivers unfamiliar with the layout of the curve, and drivers who should know better fall victim to the sudden turn and the inability to quickly slow down on the hill.

The highway administration is quick to point out that the area is not defective, but they ignore the statistics. Are there cost-effective ways to make the area safer? Remove some of the surrounding trees so motorists can see dangers ahead, perhaps? The government has notice of the dangers, yet they choose to rest on the road change from the 1980's.

Motorists injured on Jarrettsville Pike may have an automobile accident claim against negligent motorists. In the right case, though, they may have a claim for defective roadway design against the government. That lawsuit will happen when someone is injured or killed in an auto collision, and the other negligent driver has insufficient insurance coverage to pay the claim. Maybe that's what it's going to take for change.

Most auto accident lawyers hate filing MAIF claims. First, there are a lot of hoops to jump through, including a 180-day notice requirement that, if not met exactly, can capsize the entire claim. Second, MAIF uninsured claims are limited to $30,000 per person and $60,000 per accident (see our recent post on the increased minimums). Third, MAIF is really hard to deal with--these claims often require twice the amount of work as one against any other insurance company, and most MAIF uninsured claims have to be resolved at trial. MAIF doesn't like to pay out under any circumstances.

Auto accident victims may have to look to MAIF for recovery in these circumstances:

• Hit-and-run auto accident ("phantom vehicle")
• At-fault driver was excluded from the vehicle's insurance policy
• At-fault driver was an out-of-state driver with less than minimum insurance

For lawyers looking to make their first MAIF Unsatisfied Claim and Judgment (UCJ) claim, here's what you need to know:

The Rules
There are quite a few rules on MAIF claims. Here's where you need to look:

• Insurance Article § 20-601, et seq.
• Code of Maryland Regulations (COMAR) 14.07.04
• Maryland Rules 15-804, 15-805

Notice Deadline
There is a strict 180 day deadline to make a MAIF UCJ claim. There are some exceptions (for example, a victim must provide notice within 30 days of a liability carrier's notice of disclaimer), but failure to make the claim could leave auto accident victims without any recourse.
A claim must include the following, where applicable:

• MAIF Notice of Claim Form, signed by the victim (it hasn't changed since 1998)
• Description of the accident, including date, time, location, names and addresses of witnesses, vehicles involved
• All medical records and bills up to date of filing of Claim
• Police report of accident
• Documentation of property damage
• Lost wage certification
• MVA records
• Insurance company cancellations /disclaimers
• Recorded statement

MAIF Settlements and Lawsuits
As indicated, MAIF doesn't like to settle these claims. In the majority of cases, victims will have no choice but to file a lawsuit. Where the negligent driver is known, the lawsuit should be against that driver. Sending a copy to the MAIF adjuster will allow MAIF to come into the lawsuit.

If the negligent driver is unknown (for instance, in a hit-and-run accident), the victim can file a lawsuit against MAIF directly if they can show that they used reasonable efforts to identify the negligent driver, and were unsuccessful. MAIF is usually of the opinion that "reasonable efforts" include moving heaven and earth. I think most judges interpret reasonable to mean reasonable.

Contact Us
If you have been injured in a hit-and-run auto accident or the negligent driver did not have any insurance, you may have a claim against MAIF. Many lawyers don't accept these types of MAIF claims because they are more difficult, and have strict notice requirements (MAIF must receive a specific notice within 180 days of the accident. We handle these cases--contact us at 443.850.4426, or online for a free consultation.

More on MAIF and Insurance Claims

• Maryland Car Accident Lawyer Blog: Blog posts on MAIF claims
• John Cord Law: Automobile Accidents
• Uninsured/Underinsured (UM/UIM) Motorist Claims: How to protect yourself from negligent drivers with minimum MAIF insurance

In every case, and certainly every Maryland automobile accident case, the lawyer should consider what county the case should be filed in. In Maryland, you typically have the following options:

1. File in the county where the car accident happened
2. File in the county where the defendant lives

It is important, therefore, to be clear about where the accident happened, and where the negligent driver lives. Typically the police report, if one was listed, has both the county where the accident happened, and lists the negligent driver's address. However, in situations where the accident was on or near a county line, the police report may not be correct. Also, some lawyers don't realize that some cities actually straddle multiple counties. For example, an accident in Laurel, Maryland may take place in Prince George's County, Howard County, or Anne Arundel County. Likewise, the address the police usually put on the police report may not be accurate--it may be from an old driver's license or insurance card. Or, the person who caused the collision may move between the time the accident happened and the lawsuit was filed.

Sometimes there is no choice, and these two counties are actually the same county. Other times, the plaintiff's lawyer has the opportunity to maximize his or her client's recovery by choosing the specific jurisdiction in which to file a lawsuit. Here are some factors that go into this analysis:

• The types of injuries
• The amount of medical expenses--is it a District Court case or a Circuit Court case?
• Whether the case will be a jury trial or a bench (judge-decided) trial
• How bad the accident was (including, for example, the property damage)
• The demographics and likeability of the plaintiff and defendant
• Whether the plaintiff or defendant is generally known in the community

Contact Us
We have extensive experience in seeking out all possible options for lawsuits, and we can help you to direct your case to the most advantageous county in order to maximize your auto accident settlement or verdict. If you have questions, contact us at 443.850.4426, or online for a free consultation.

We reported back in February that the Maryland legislature was considering a bill that would increase the minimum amount of MAIF insurance for uninsured drivers to $30,000 (Not Fair: Maryland Law Makes You Carry $30,000 Auto Insurance, But You Might Have a Maximum $20,000 Recovery).

The problem was that just over a year ago, the minimum amount of automobile insurance for all Maryland drivers was $20,000 per person and $40,000 per accident. Those minimums have been in place for over 35 years, and they were increased to $30,000 per person and $60,000 per accident. The law that increased the amount recoverable for Maryland automobile accident victims was missing one thing, though. It forget to mention the uninsured division of MAIF.

MAIF (Maryland Automobile Insurance Fund) is the insurance company of last resort for drivers who are rejected by most other insurance companies. They insure the uninsurable. MAIF also performs another function--when someone is involved in a Maryland automobile accident with someone who does not have insurance, or in a hit-and-run accident, MAIF will step in to help. They don't step in voluntarily--usually it takes a lawsuit, but if there is no other insurance available, MAIF will cover the accident up to the minimum amount. Even after the 2011 change, MAIF was still only on the hook for $20,000/$40,000.

The new law, approved by the legislature and signed by Governor O'Malley last month, requires MAIF to provide the same coverage as everyone else. So in any one accident where the victim proves that an uninsured or unknown driver caused the accident and no other insurance applies, MAIF is responsible to pay up to $30,000 (for one person) and $60,000 (for all people).

Contact Us
If you have been injured in a hit-and-run auto accident or the negligent driver did not have any insurance, you may have a claim against MAIF. Many lawyers don't accept these types of MAIF claims because they are more difficult, and have strict notice requirements (MAIF must receive a specific notice within 180 days of the accident). We handle these cases--contact us at 443.850.4426, or online for a free consultation.

More on MAIF and Insurance Claims

• Maryland Car Accident Lawyer Blog: Blog posts on MAIF claims
• Uninsured/Underinsured (UM/UIM) Motorist Claims: How to protect yourself from negligent drivers with minimum MAIF insurance
• John Cord Law: Automobile Accidents

The scourge of distracted driving is so bad that I predict many attorneys will be adding to their lawsuits complaints against employers for failure to have policies, procedures and protocols to discourage distracted driving. First, a little bit about agency.

An agent is someone who is working for someone else. When an employee gets in his car to go do something for his employer, he is the agent of the employer. When the driver negligently causes a Maryland auto accident, both the driver is responsible and the employer is responsible.

Because distracted driving is such a big deal right now, employers are jumping on the bandwagon to come up with policies about when their employees can and can't use cell phones while driving. Some companies are prohibiting the use of handheld phones; others are prohibiting all cell phone use, even hands-free conversation. Where an employer does not take the step to set a policy, they are setting themselves up for more liability in the event of an accident. Realistically, they will be on the hook for any auto accident injuries regardless of whether the company was negligent, but it gives one more reason for the judge or jury to decide that the company is responsible. Also, it puts forth negative conduct by the company, which makes a jury more likely to decide against them if the question of liability (whether the employee was negligent) is unclear.

A driving simulator called One Simple Decision, made by Virtual Driver Interactive http://www.driverinteractive.com/index.php is attempting to show driver's the short and long-term consequences of texting and driving. It starts with the driver driving, and then instructs the driver to begin texting. When the (hopefully) inevitable collision occurs, the driver goes through a first-person interrogation by police, medical personnel, and a judge in an attempt to show chronic texters the real-life consequences of distracted driving.

The allure of a simulation like this is the desire to beat it, like any videogame. I know the dangers of texting and driving, but (I suspect like most people), I think that I can do it relatively safely. So what happens when a driver beats the simulator? Is that a license to text and drive? I'd like to know the simulators statistics.

Regardless, it is clear that in a controlled situation, the driver is going to bring his or her A-game. In real life, there will be less attention to detail, and a higher likelihood of a distracted driving accident.

I did a drunk driving simulation at a museum in Colorado when I was a kid--the simulation would go through what it was like to drive when sober versus drunk. Granted, I didn't know how to drive then, but that simulator didn't work at all (I think something was wrong with the driving wheel). For $42,000 per simulator, One Simple Decision should be a little more realistic.

For More Information

• USA Today: Simulator Shows Young Drivers the Risks of Distraction
• Automobile Accident Lawyer
• Charm City Lawyer blog posts on Distracted Driving

Colossus is a software program used by many insurance companies to determine the value of automobile accident claims and lawsuits. The software program gets a bad rap from plaintiff's lawyers--probably because it <gasp!> undervalues those claims. Now, a former Allstate and Encompass Colossus expert and a former Texas insurance commissioner are informing the Consumer Federation of America's latest report, Low Ball: An Insider's Look at How Some Insurers Can Manipulate Computerized Systems to Broadly Underpay Injury Claims.

That report details the means by which adjusters can use the software to produce lower evaluations of claims. Insurance adjusters can discount medical bills, evaluate injuries differently than doctors, ignore the likelihood of future medical care, and decide that the claimant/victim was partially at fault for the auto collision.

It sounds like the report is concerned that insurance adjusters might be doing their job.

Don't get me wrong--I dislike the stupid "back-and-forth" process of negotiating claims with insurance companies as much as the next guy. In a recent GEICO case, for example, I went through three different adjusters. The Junior Adjuster negotiates with me to an offer that represents his "final, highest offer." It's not enough, and it's not fair, so I file a lawsuit. The Intermediate Adjuster then gives me another offer, and tells me she can't go any higher. So, I continue on, preparing for trial by working on discovery. Then, a week before the trial, Senior Adjuster calls me up, with (you guessed it) another final offer (and, the scent of desperation). In that case, the last "final offer" was just a tiny bit behind what was my first, and unchanging, demand (GEICO hates it when you don't give them counterdemands). My client was happy with that, so we resolved it. If the insurance company would have just offered that from the beginning, they could have avoided paying a defense lawyer. Basically, they lost out on this deal. But, they only operate like this because they win so many other times--many lawyers are afraid to go to trial, and they will accept these "low ball" offers.

The job of insurance companies is to make money for their shareholders. They will do this by hook or crook. Some insurance companies are more unreasonable than others. If they want, they can refuse to pay more than $1.00 for every single claim. That's why we have auto accident trials.

Here's why Colossus is completely irrelevant: Maryland auto accident victims who have a trial attorney advocating on their behalf will not accept low ball offers. Whether the insurance adjuster uses a computer program, their own education and experience, or a Ouja board to determine the value of a personal injury case, the reality is that a lawyer should make an independent decision, and advise the client accordingly. Colossus is not artificial intelligence--it is a tool used to help insurance companies determine the value of personal injury claim. If they want to cheat the software, they can. If they want to ignore medical records, they can.

But we don't have to accept these offers. The insurance companies keep offering low settlements because some lawyers do accept them. If an insurance company's adjuster gives a low offer and claims that "Colossus made me do it," then teach Colossus a lesson--file a lawsuit. The judge and jury won't care (and won't be allowed to hear) about what Colossus thinks of your case.

More on Colossus

• Colossus Education: Information from the manufacturer
• Colossus class action lawsuit
• Report by the Consumer Federation of America