System and method for identifying and assessing comparative negligence in insurance claims
First Claim
1. A computer-based method comprising the steps of:
- implementing one or more program controlled data processors to categorize a loss into an accident type based on preliminary information about said loss, said preliminary information comprising data relating to at least one of the following inputs;
traffic light involvement, stop sign involvement, location with respect to the road of claimant'"'"'s vehicle and/or other vehicles involved, direction of travel of claimant'"'"'s vehicle with respect to other vehicles involved, and actions of the claimant'"'"'s vehicle and/or other vehicles involved, including;
turning left, turning right, traveling straight, merging, and/or backing up;
retrieving and presenting, via said one or more processors, a plurality of questions based on said accident type;
receiving responses to said plurality of questions from a claimant and an insured, wherein said claimant is a different party than said insured;
determining, via said one or more processors, if there is a discrepancy between said responses received from said claimant and said insured, and if there is such a discrepancy, resolving said discrepancy with information contained in a vehicle appraisal regarding said loss;
determining, via said one or more processors, degree of comparative negligence of said claimant from said responses;
using the determined comparative negligence to diminish the claimant'"'"'s damages; and
wherein the step of implementing a data processor further comprises the step of applying a set of preliminary rules to said preliminary information to determine said accident type.
1 Assignment
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Accused Products
Abstract
The invention is a method and system useful in determining the degree of comparative negligence of an insured person involved in an accident as compared to the comparable negligence of other parties involved in the accident, in particular the insurance claimant. The method and system of the invention include, at a minimum, the steps of gathering preliminary information concerning accident type, applying preliminary rules to the preliminary information to determine accident type, gathering additional information specific to the accident type, and applying accident-type-specific rules to the additional information to determine the degree comparative negligence of said insured person and/or the claimant.
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Citations
56 Claims
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1. A computer-based method comprising the steps of:
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implementing one or more program controlled data processors to categorize a loss into an accident type based on preliminary information about said loss, said preliminary information comprising data relating to at least one of the following inputs; traffic light involvement, stop sign involvement, location with respect to the road of claimant'"'"'s vehicle and/or other vehicles involved, direction of travel of claimant'"'"'s vehicle with respect to other vehicles involved, and actions of the claimant'"'"'s vehicle and/or other vehicles involved, including;
turning left, turning right, traveling straight, merging, and/or backing up;retrieving and presenting, via said one or more processors, a plurality of questions based on said accident type; receiving responses to said plurality of questions from a claimant and an insured, wherein said claimant is a different party than said insured; determining, via said one or more processors, if there is a discrepancy between said responses received from said claimant and said insured, and if there is such a discrepancy, resolving said discrepancy with information contained in a vehicle appraisal regarding said loss; determining, via said one or more processors, degree of comparative negligence of said claimant from said responses; using the determined comparative negligence to diminish the claimant'"'"'s damages; and wherein the step of implementing a data processor further comprises the step of applying a set of preliminary rules to said preliminary information to determine said accident type. - View Dependent Claims (2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19)
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20. A system of determining a claimant'"'"'s damages recovery comprising:
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a pre-processing module, embedded on a non-transitory computer readable medium and executable by a computer, for categorizing said loss into an accident type based on preliminary information about said loss, said preliminary information comprising data relating to at least one of the following inputs; traffic light involvement, stop sign involvement, location with respect to the road of claimant'"'"'s vehicle and/or other vehicles involved, direction of travel of claimant'"'"'s vehicle with respect to other vehicles involved, and actions of the claimant'"'"'s vehicle and/or other vehicles involved, including;
turning left, turning right, traveling straight, merging, and/or backing up;a processing module, embedded on a non-transitory computer readable medium and executable by a computer, for generating a plurality of questions based on said accident type, receiving responses to said plurality of questions from said claimant;
determining degree of comparative negligence of said claimant from said responses; and
using the determined comparative negligence to diminish the claimant'"'"'s damages; andwherein said pre-processing module is operable to apply a set of preliminary rules to said preliminary information to determine said accident type. - View Dependent Claims (21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39)
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40. A non-transitory computer readable medium comprising code, executable by a computer, for determining a claimant'"'"'s damages recovery, said code comprising instructions for:
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categorizing said loss into an accident type based on preliminary information about said loss, said preliminary information comprising data relating to at least one of the following inputs; traffic light involvement, stop sign involvement, location with respect to the road of claimant'"'"'s vehicle and/or other vehicles involved, direction of travel of claimant'"'"'s vehicle with respect to other vehicles involved, and actions of the claimant'"'"'s vehicle and/or other vehicles involved, including;
turning left, turning right, traveling straight, merging, and/or backing up;generating a plurality of questions based on said accident type; receiving responses to said plurality of questions from said claimant; determining degree of comparative negligence of said claimant from said responses; using the determined comparative negligence to diminish the claimant'"'"'s damages; and wherein said code further comprises instructions for applying a set of preliminary rules to said preliminary information to determine said accident type. - View Dependent Claims (41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56)
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Specification