Colossus Program Discovery Allowed - Wilson v. 21st Century Ins. Co. (Jan 30, 2006) Cal.App. 2 Dist.,2006, --- Cal.Rptr.3d ----, 2006 WL 216682 (Cal.App. 2 Dist.) - Insurers have generally kept secret their collaborative and monopolistic claims practices using a computer program called Collossus. This program consistently undervalues smaller personal injury claims - allowing insurers to use their financial power to impose unfair settlements on such claimants. Generally impotent where insurance industry abuses are concerned - courts have often let the insurers get away with such secrecy. However, in one recent bad faith claim for breach of the duty of good faith and fair dealing against a UIM carrier, a California woman was found to be entitled to conduct discovery into her insurer's use (or non-use) of the Collossus claims evaluation program on her case. Hopefully, in time the Collossus program will be brought out of the shadows of dark smoke-filled rooms and made subject to the legal scrutiny that it deserves.
Some accidents happen and the victims don't know who hit them. In such cases, a negligent driver can sometimes be found through law enforcement, video cameras, and investigation. See, Woman Settles for $3 Million After Being Run Over by School Bus. In addition, in other cases, the injured parties may be able to pursue insurance coverages that are designed to fill in such gaps - such as Uninsured Motorist Insurance and/or Underinsured Motorist Insurance.
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