Has anyone been in an accident where the insurance company used Colossus to “make a recommendation as to the value of your injury”? I googled it and it looks as if different companies use it to different degrees, but if you’ve dealt with it, did you think you got a fair settlement? I was on my bike on June 10 and got hit by a car. I was very lucky and walked away with some bruises and sore muscles, ~$650 damage to my bike, a helmet that looks ok but that I’ll need to replace, and some lingering neck and shoulder issues for which I’m being treated. (I know, it’s only been 10 days… not sure that counts as lingering, but they haven’t gone away like I wish they would.) I just got a letter from Allstate saying they may use Colossus as one factor among many to consider. I’d never heard of it and am curious about how it’s worked for others.
On another tangent, did insurance cover massage therapy (prescribed by a Dr) and/or fees for races that you had registered for but couldn’t race?
I don’t know about Colossus. In 1990, I was hit by a car that ran a stop sign. Her insurance company reimbursed me for entry fees for races I had already entered but could not compete in. Any, and all, of your expenses related to the accident should be covered by the person that hit you. If their insurance does not cover it, then they are personally liable for your expenses. Best of luck for a speedy and full recovery.
I’d like to know how it eventually comes out for you. Based on what I’ve experienced and heard, some insurance companies are quite reasonable about these things, and others are thorough bastards and won’t pay much if anything unless you file a suit. So it really depends. IME State Farm and Farmers were in the first category and Geico is in the later. Don’t know about Allstate.
What it really boils down to (at least where I live) is the threat of a jury trial… which is very costly for everyone. But I hear other states have arbitration, which could be more formula based.
In your case it sounds like the injuries were minor, so it will hopefully not be a big deal if you heal up quickly.
If your neck and shoulder were jacked, I certainly think massage is justified. I would definitely mention the race fees when you talk about settling.
My mom was in part of the group that helped put a version of colossus together for American Family. Basically its actuarial in nature, they took thousands of representative cases, and it draws on that to project a settlement amount based on the particulars of each case.
As far as the race fees, those are compensable, as is any flights that you booked but couldn’t take, training that you had to miss (That comes under lifestyle impacts). The massage therapist may or may not be, depending on how the insurance company views it. You need to list them all out and present them to your adjustor.
First and foremost, the reason they sent you the letter informing you that Colossus might be used is because the major insurance companies lost a massive lawsuit years ago over its use and now they’re required to notify you if they may use it.
The company I used to work for used similar software. Basically you plug in the damage to the involved vehicles and it spits out a result of the likelihood of injury based on the forces it calculates were involved. I’ve never heard of these kind of programs being used in a bike v car accident. I wouldn’t trust any results from the program regardless.
You are entitled to not only any property damage from the accident, but a bodily injury settlement. Whether or not your insurance would cover massage/race injuries etc the at fault driver’s insurance is responsible to “make you whole” for ANY legitimate quantifiable damages incurred as a result of the accident which would include just about any treatment you can dream up. This is for both the property that is damaged directly in the accident as well as any and all medical expenses you incur, time lost from work, hell maybe even compensation for loss of use of your bicycle especially if you were commuting to or from work at the time. If you missed any races as a result you’d probably be entitled to be paid for that as well.
You are also entitled to general damages, which is essentially “pain and suffering” you’ve had as a result of the accident. This is tougher to quantify, but the fact that you lead an active lifestyle and likely missed a lot of workouts that you would normally do for enjoyment would all weigh in.
Remember that your bodily injury settlement is an offer only, the dollar amount is highly negotiable. Never take the first offer. The adjuster is trying to mitigate the dollar amount loss to the company, and he/she has constraints set forth based on the policy of the driver that hit you as well as company policies, but I can guarantee 100% that the motivating force behind everything the adjustor does is settling your claim and getting it off of his/her desk so he/she can move on to the next one. Most adjusters have over 100 accident files pending at any given time. They’re probably willing to part with a lot more money than you realize.
…training that you had to miss (That comes under lifestyle impacts)
Serious question since you seem to know something about it. What if the company just says no… to pretty much everything?
Didn’t we go through this in the thread a bit ago? If the company denies everything, then you can get a lawyer, and/or go through an arbitration process. If either show the insurance company is acting in bad faith, then there are some serious penalties that can be incurred. However, from what I recall, the lawyer you have pretty much said the offer was fair, and it was suggested that you consult a different lawyer if you weren’t happy.
Thanks for the input/advice. So far I’m keeping a log of everything - I’m used to logging in all of my workouts, so I’ve just switched gears to logging in everything related to the crash. I’ve been cooperative and gave a statement - not sure if that was the best idea, but I like to think that they’ll be fair. That may be a little naive, but I always think the best of people until they give me a reason not to. I wonder about data on bike/car collisions, too. According to my Garmin, I was only going 17 mph and slowed to 16.7 at the point of impact, and the driver was pulling out from a stop sign and going from one side of a cross street to the other, so she wasn’t going too fast. I asked my Dr and he said the angle of impact can make a big difference in injuries, which I hadn’t thought of but which makes a lot of sense. I’ll be 53 at the end of this month and have had previous shoulder/neck injuries, but on the other hand, I did Ironman Texas about a month ago and had no problems through 6 months of training, so it will be interesting to see what spin they put on all of that.
I keep reminding myself to count my blessings - there are horror stories every day about cyclists being hit, and I was able to walk away after my accident. On the other hand, going from Ironman to nothing kind of sucks!
The offer was less than my medical bills (not to mention lost work or anything else), and the lawyer wasn’t interested in pursuing it further. It would be a lot of work for him with little potential upside… which would be true of any lawyer who took the case. No arbitration in this state.
That may be a little naive, but I always think the best of people until they give me a reason not to.
That seems to be the mistake I made. Geico was real nice until suddenly they weren’t any more. The 1 year anniversary seemed to be a trigger. And they have a staff trained in every dirty trick in the book in order to maximize profits. If you don’t hire someone who knows how to deal with that, you are seriously disadvantaged. It’s good that you are keeping a log.
On the other hand if we are talking about a couple thousand $ and your bills are legit, they may not take the time to quibble. Especially if they have a reputation for fair dealings in claims.
Basically you plug in the damage to the involved vehicles and it spits out a result of the likelihood of injury based on the forces it calculates were involved.
Just out of curiousity, I wonder what likely injuries it would calculate for a cyclist being struck from behind by a truck traveling at highway speeds (55 mph speed limit, driver didn’t slow). Only the left leg, arm, hip, and back were impacted.
is $5,000 asking for to much for a soft tissue injury/ cervical strain? $1,200 in medical expenses $1,600 lost wages and $323 in vehical damage and about $100 for gas and medication?
Yes 5k total for the settlement and I do home day car I have previous receipts that would show a difference then what it would have been for the days I missed due to the accident and physical therapy
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is $5,000 asking for to much for a soft tissue injury/ cervical strain? $1,200 in medical expenses $1,600 lost wages and $323 in vehical damage and about $100 for gas and medication?
5K seems about right. I’d start out asking for $10k and see where it goes from there knowing you’re comfortable settling for half that much.
The damages to the car were only worth $323 I was rear ended while sitting at a stop light I’m not sure how fast he was going I have an older car so it helped because the damages were only few scarathes however the way I wa hit felt like my trunk was in the back seat
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On another tangent, did insurance cover massage therapy (prescribed by a Dr) and/or fees for races that you had registered for but couldn’t race?
Thanks,
Diane
My experience with insurance coverage after an accident, as a massage therapist, it has a lot to do with how you approach it. I had clients in accidents and came in for treatment. Ones that I had no prior relationship with would pay up front and submit my invoices to the insurance company to include in the claim. Long term clients I would let them wait for the settlement to pay, and then pay me. So in my experience, yes, insurance did cover some massage expenses. I know Velosurance would pay for races if you crashed during the race, but not sure about missing a race. I’m not sure about Allstate.
How do you go about negotiating with insurance co when it was a low impact commercial trucking accident, he backed into my car. trucker was cited and paid the ticket.
I had treatment at chiropractor. 60 days. MRI showed cervical herniated disc which required 2 injections, two epidurals. Discharge from chiropractor with complaints of pain then had 2nd epidural. Then seen neurologist prescribe meds for pre existing migraines ( which worsen after accident) he did a EMG, because of my numbness right hand. Referred me to a physical therapist (<~Did excellent Job) and hand surgeon ( carpal tunnel)did two steroid injections. Pain free for 3 weeks. Then with heavy use of computer and studying for finals & carry groceries & the was pain back. Hand surgeon recommends surgery. How are they going to calculate my case and what figure should I except?
Google MIST injuries. Insurance companies are notoriously tightfisted in situations like this and the cases themselves are usually very complicated.
I’m sure it’s not what you want to hear, but if you haven’t already, you need to get into an attorney’s office ASAP. You have virtually no chance of fair compensation negotiating a MIST injury on your own. Especially with a preexisting condition (migraines) and a tenuous link to significant damages (hand surgery).
I know it’s different from place to place, but I would not deal with an insurance company without a lawyer. If they are offering you ‘x’, and it seems like a fair deal to you, remember that ‘x’ is their low ball offer to you, and your claim is probably worth a lot more.
I was hit last year. Same sort of outcome, but my bike was totalled. A few weeks of rehab, some cool scars, but no lasting damage. I was very happy with the settlement my lawyer reached on my behalf. Don’t get me wrong, it wasn’t a big cash windfall by any means, but everything was replaced that was damaged, I had race fees reimbursed, time off from work reimbursed, plus a reasonable amount for ‘pain and suffering’, and even with my lawyer’s cut of the deal I was happy, and it was much, much better then what the insurance company was offering me before I hired the lawyer.