Law Offices of Marc L. Shapiro, P.A. June 2019

June 2019

720 Goodlette Rd N, Suite 304, Naples, FL 34102 • www.AttorneyShapiro.com

Beware the Robot Uprising How AI Can Undervalue Your Case

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ranslating human pain and suffering into a number for fair compensation is a difficult task, but it’s something personal injury attorneys have to do every day. Attorneys have to look at what our client is going through and their

“... AI programs like Colossus are incredibly easy to manipulate …”

long road ahead to determine what amount we need to fight for in order to best help our clients. Insurance companies have to do this, too, though their primary goal is to pay out as little as possible. To more quickly calculate settlements, many insurance companies have turned to artificial intelligence (AI) programs. Colossus is a well-known example of this. Colossus is a system Allstate and

Colossus has also been accused of reducing bills because the program decided that someone’s doctor is charging them more than what it considered customary and reasonable for their treatment. This is not an unusual practice, but the problem arose when people began asking how the program determined what is customary and reasonable. Collier County is one of the wealthiest counties in the state of Florida. A doctor bill may be customary and reasonable compared to Collier County standards, but if Colossus is comparing it to the general cost of another area, the bill would seem unreasonable.

other insurance companies have been using for years to assess the value of a claim. Unfortunately, in my experience, I’ve found that rather than assessing

In the past, I’ve discussed the importance of working with a lawyer who’s willing to go to trial. Insurance companies often lowball lawyers who never go to trial because they know that attorney will accept anything they give them. The same is true when you’re dealing with AI programs. Colossus keeps track of attorney habits and is programed to offer lower amounts to attorneys who don’t go to trial.

every case without bias, AI programs like Colossus are incredibly easy to manipulate to the benefit of the insurance company. To start, Colossus may give a lower value for serious injuries depending on what

Despite being boasted as a reliable way to standardize claims, Programs like Colossus are typically used to undervalue claims and save insurance companies money. If you’re in an auto accident and have to rely on a payout from the insurance company, make sure you are working with an attorney who knows the ins and outs of these AI programs. Not all insurance companies use these programs, but most major ones do. If your attorney doesn’t know to look out for these tricks, a robot could tell you that your case is worth far less than it actually is.

order the diagnosis code is fed to a machine. Imagine someone gets in a car crash and suffers from a fractured tibia and a cervical sprain. The

-Marc Shapiro

fractured tibia is valued more, but if the doctor puts the diagnosis of the cervical sprain in first and the fracture second, the sprain will be covered at 100 percent while the fracture will only get 75 percent. This can be a huge difference in payout, depending on the severity of an injury.

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