Allstate Colossus Settlement
Allstate has agreed to pay New York $1.2 million as part of a $10 million regulatory settlement involving Colossus, its infamous computer software that values personal injury auto accident claims.
Under attack was Allstate's use of Colossus, a software program Allstate and many other insurance companies use to determine the value of injuries in auto accident claims. The claim against Colossus would not shock a single accident lawyer in Maryland: there are inconsistencies in Allstate’s management and oversight of the Colossus software program. Specifically, Allstate failed to modify or “tune” the software in a uniform and consistent manner in personal injury accident claims.
Under the settlement agreement, Allstate will make substantial changes to how Colossus is used:
- Providing notice to claimants that the Colossus software program may be used in the adjustment of their bodily injury claims
- Enhancing its management oversight of Colossus to ensure that it adheres to established criteria and a uniform methodology in selecting claims to be used to “tune” or modify the software to reflect recently settled claims
- Strengthening its internal auditing of Colossus and bodily injury claims handling to ensure adherence to written guidelines and procedures
- Consolidating its bodily injury claims handling practices into a single claims handling manual
- Not establishing a policy or rule requiring claims adjusters to settle bodily injury claims solely on the value recommended by Colossus and not providing incentives for claims adjusters to settle claims at or near the value recommended by Colossus.
This settlement with Allstate is going to be big news around the country. Now that Allstate is cleaning up Colossus, how will this impact accident lawyers in Maryland? My prediction? We won't even notice the difference. This is all interesting stuff, enough so that I'm blogging about it at 9:30 at night. But, practically for accident victims, absolutely nothing will change.
- Overview of claims against Allstate: an accident lawyer's view of dealing with Allstate
- Colossus: what is it and how do insurance companies use it
- Who uses Colossus? (probably dated list of insurance companies who use Colossus)
Comments
I believe that you are right - it won't change anything. Thanks for calling our attention to this settlement with Allstate.
Posted by: Steve @ Philadelphia Injury Lawyers | October 21, 2010 9:37 PM
Unfortunately, all state continues its practice of denying meritorous claims and forcing injured claimants to trial.
Posted by: Rhode Island Personal Injury Lawyer | October 30, 2010 7:29 PM
They're terrible in Washington State as well. Luckily judges are wise to it. WAST allows mandatory arbitration that Allstate often will offer again after MAR at lower than MAR value, which then defaults to trial de novo. If P wins any value above Allstate's below MAR offer, Allstate must pay all fees and costs. Colleague recently received $4000 at trial where Allstate offered $3500. Colleague sent Allstate a meticulously recorded fees bill of $91,000. Judge required Allstate to pay in entirety. Nice.
Posted by: jim | November 5, 2010 7:47 PM
If this was designed to make a difference around the country, I haven't seen any differences in the way Allstate handles its cases in California. Thank you for the information.
Posted by: Mason | November 14, 2010 12:25 AM