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Allstate Pays $10 Million to Settle Unfair Colossus Claims Practices

By Aline Miranda on May 9, 2011

Allstate has paid $10 million to settle with insurance regulators over unfair claims practices involving its use of Colossus. The regulatory action focused primarily on Allstate’s use of claims handling software, particularly the software program, Colossus. Colossus is a software program which allowed a computer, rather than a person, to determine settlement offers for injury claims from auto accidents. Regulators found “inconsistencies” in the way Allstate used the Colossus software program.

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No Criminal Charges for Cab Driver Who Plowed into Crowd at Stingaree

By Aline Miranda on May 9, 2011

The AP and Huffington Post report there will be no criminal charges filed against the taxi driver who plowed into a crowd outside Stingaree nightclub on Feb. 12, despite injuring 35 people. SDPD says there is insufficient evidence to charge the 52-year-old driver.

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New Safety Report Recommends Car Seat Changes

By Aline Miranda on May 6, 2011

Two recently published reports recommend rear facing child car seats until the child is two years old. These studies showed that children are 5 times less likely to be injured in a car crash if they are in a rear-facing car seat than a forward-facing seat, according to a 2007 analysis of five years of U.S. car crash data.

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Texting and Driving

By Aline Miranda on May 6, 2011

Whether talking or texting, too many San Diego drivers continue to be too distracted to be safe drivers. National Highway Traffic Safety Administration Secretary, Ray LaHood, recently spoke about how people need to change their mindset when it comes to using cell phones while driving. “I am willing to bet that a majority of you have used this while driving,” LaHood said, holding up a cell phone.

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Your Health Insurance Wants to be Paid Back!

By Aline Miranda on April 21, 2011

If you have been injured in a motor vehicle accident and you receive medical treatment paid for by your health insurance, in most cases, your health insurance plan will require you to reimburse the cost of your treatment out of your settlement. Likewise, if you receive medical treatment paid for by Medi-Care, Medi-Cal, and Tri-Care. Even if you don’t have health insurance, if you are treated in a hospital emergency room after an accident, the hospital’s bill must be paid out of your settlement.

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Posted in: Car Accident

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Whiplash Injuries

By Aline Miranda on April 19, 2011

Whiplash is one of the most common injuries sustained in motor vehicle accidents, yet frequently disputed by the big insurance companies. Whiplash is actually a constellation of symptoms collectively referred to as whiplash syndrome caused by the sudden acceleration of a rear end collision. Whiplash injuries are real and there is substantial scientific and medical evidence documenting them. So why do the big insurance companies continue to fight these claims? The simple answer is money.

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Posted in: Car Accident

The Fine Print ALWAYS Matters

By Aline Miranda on April 13, 2011

Read before you sign. Everyone knows that, right? But have you ever read your auto insurance policy? I bet not. In all my years of representing accident victims, I have never met a single client who had read his or her auto insurance policy. Your auto insurance policy is a contract and, like any other contract, you should know what’s in it and what isn’t. Reading and understanding the definitions and coverages of your auto insurance policy can be a daunting task, but knowing what is and what is not covered could make the difference between being fully compensated for your injury and not.

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Posted in: Car Accident

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Got a Small Case? A Small Trial May be the Answer

By Aline Miranda on April 1, 2011

California now offers a new type of 1 day trial for smaller cases. California’s Expedited Trials Act is modeled on programs that have been used with great success in South Carolina and elsewhere. Expedited trials, which last no more than 1 day, are expected to lower the cost of bringing cases to trial and open the courtroom doors for more accident victims to get the justice they deserve.

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Saying You’re Sorry

By Aline Miranda on March 22, 2011

Clients who have been injured in an accident often express great frustration that the driver who caused their injury seems not to care about their pain and suffering. I explain that the other driver has a lawyer who has advised him not to apologize because his apology can be used against him as an admission that the accident was his fault. Unfortunately, it has become standard practice for defense lawyers to instruct their clients not to apologize — even in cases where it might make sense to do so.

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Has Colossus Cheated You?

By Aline Miranda on March 16, 2011

I’ll bet few of you have heard of “Colossus.” It’s one of the insurance industry’s best kept secrets, despite that it is used every day to cheat accident victims out of millions in compensation.

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