If you were hurt in a Colorado car accident, you probably want to take advantage of every opportunity. Many individuals are looking to technology for solutions as a result of the growth of Artificial Intelligence (AI) technologies like ChatGPT and Gemini.
Can AI, however, actually assist you in winning your case? Is using it safe? Above all, will the insurance company find out?
I’m Sean McQuaid, a personal injury and auto accident attorney with Colorado Springs Personal Injury Lawyers®. I’ve witnessed how technology is altering the justice system. In order to help you make the best choices for your recuperation, this guide is intended to assist you in navigating the convergence of AI and personal injury legislation.
Will I Need to Report My Use of AI to the Insurance Company?
Right now, this is the most important question. It depends, to put it briefly, but you should presume that the answer is “yes.” This is particularly true if you bring legal action. It is doubtful if you merely have a claim pending “pre-suit.” However, since you don’t want to restrict your possibilities just because you used AI, you should be ready either way.
The legal system in Colorado is based on a procedure known as “discovery.” This is the point at which information must be shared by both parties. For years to come, Colorado courts will be debating whether or not you must disclose your use of AI.
Telling someone that you employed AI to support your argument makes that information “discoverable.” This implies that your search history, the commands you typed, and the responses the AI provided may be requested by the insurance company’s attorneys.
Entering Data into AI Is Equivalent to Maintaining a Journal
Legally speaking, entering your emotions, symptoms, or crash information into an AI tool is comparable to keeping a personal journal.
In the past, defense attorneys may frequently obtain a copy of a victim’s journal to examine if the victim’s account evolved over time. In essence, AI is a digital journal.
AI models are not private, which poses a risk. The majority of AI platforms save the data you enter on their servers. Your “conversation” with an AI platform is not private, in contrast to a conversation with your attorney, which is shielded by Attorney-Client Privilege. The insurance company will claim they have a right to view what you said if you acknowledge using it.
If the Insurance Company May Ask Me About AI, Should I Still Use It?
AI can be a fantastic place to start your research, but you have to be very cautious.
- Use it for: Common inquiries such as “How do I file a police report in Colorado Springs?” or “What does ‘maximum medical improvement’ mean?”
- Avoid using it for: Confidential tactics, admissions of fault (e.g., “I might have been speeding a little”), or specifics about your injuries.
Think of every word you type when using AI as if an insurance adjuster is watching you. Don’t type anything into the AI if you don’t want them to read it. (or make use of another person’s account!)
How Would the Insurance Company Obtain the Data I Requested?
Insurance firms have teams of detectives and are billion-dollar businesses. They discover that you employed AI in several typical ways:
- Straightforward Questions: “Did you use any software or AI tools to help prepare your claim?” is a question that their attorney may pose during a formal recorded interrogation called a deposition. You have to be truthful if you are under oath.
- Social Media: If you post on social media about how “ChatGPT helped me calculate my settlement,” others will see it.
- Consistency Checks: They can become suspicious and request your search history during the litigation if the demand letter you submit sounds exactly like it was written by an AI bot.
- Subpoena: In order to examine your search history, the insurance company may subpoena you or even examine your computer.
If I Use AI, Do I Still Need to Hire a Car Accident Attorney?
Yes. AI is a tool rather than a certified expert. AI lacks “human intelligence” and legal expertise, despite its proficiency in data processing.
A lawyer for auto accidents performs tasks that AI cannot:
- Negotiate: AI cannot sit across from an insurance adjuster and use human leverage to negotiate a greater payment.
- Courtroom Presence: A bot cannot present arguments to a Colorado jury if your case proceeds to trial.
- Liability Knowledge: There are particular “comparative negligence” regulations in Colorado. AI frequently has hallucinations or provides out-of-date legal advice that could be detrimental to your case.
Consider AI to be a GPS. It can display the map, but it cannot operate the vehicle on your behalf, particularly in hazardous situations.
Can I Use AI to Support My Claim and Win More Money?
Staying organized is essential to winning a claim, and AI can help. It might assist you in summarizing your medical costs or creating a timeline of your medical procedures.
But AI lacks the “street smarts” to determine the actual value of a case in Colorado Springs. It has no idea which insurance adjusters are tough to deal with or which judges are conservative. AI alone frequently results in “leaving money on the table” since it is unable to comprehend the nuances of suffering and regional legal customs.
How Can AI Assist Me With My Colorado Auto Accident Claim?
AI can be a useful tool if applied appropriately and securely:
- Defining Legal Terms: “Causation” and “liability” can be simplified.
- Sorting Information: You can instruct it to “Create a bulleted list of these doctor visits by date.”
- Writing Initial Letters: It can assist you in organizing a simple letter to an insurance provider in order to initiate a claim.
- Checklists: It can offer a broad list of actions to take following a Colorado auto accident.
In Colorado, the majority of people use AI; don’t fall behind.
AI is starting to become commonplace. Everyone uses it to work more quickly, from entrepreneurs to students. It’s the same in the legal field.
You can gain more knowledge early on by employing AI appropriately. But keep in mind that AI is also being used by insurance companies. They utilize it to examine your medical information and determine why you should be paid less. You need a lawyer who is more adept at using technology than they are if you want to defeat their AI.
FAQs Regarding AI and Colorado Car Accident Claims
Can I Use AI in My Case Legally?
Correct, using AI for research and drafting is permitted. In Colorado, there are no restrictions prohibiting the use of AI to support a claim.
Is My Information Private?
In general, no. Your data is used by the majority of free AI products to “train” their models. This indicates that your personal data is kept in an unprotected manner.
Is My Settlement Amount Predictable by AI?
No. Any figure that an AI provides you with is an estimate derived from general internet data. It doesn’t take into consideration the particulars of your collision or Colorado Spring’s present legal situation.
What Dangers Come with Using AI to Support My Claim?
If you’re not careful, there are serious risks:
- Hallucinations: AI occasionally creates fictitious laws or court cases. You lose all credibility if you present an insurance company with a fictitious law.
- Privacy Leaks: You may unintentionally give a digital business access to your Social Security number or confidential health information.
- Privilege Waiver: AI has the potential to “break” the privacy bubble that typically surrounds legal affairs.
How Can I Locate a Colorado Auto Accident Attorney Who Will Use AI?
You are looking for a progressive legal practice. Pose the following queries to prospective attorneys:
- “Does your firm examine medical records using AI?”
- “How do you safeguard my information when utilizing technology?”
- “Are you keeping abreast with Colorado courts’ opinions regarding AI evidence?”
Compared to a “dinosaur” law practice that won’t adapt, a lawyer who employs technology like AI will probably be more productive and well-prepared.
Can an Automobile Accident Attorney Utilize AI to Assist in Claim Preparation?
Absolutely. AI is viewed in my firm as a means of improving customer service. Professional, “closed-loop” AI, which is secure and private, can be used by lawyers to:
- In just a few seconds, browse thousands of pages of medical records.
- Look for trends in the way some insurance companies resolve disputes.
- Faster drafting of intricate legal paperwork gives us more time to concentrate on the human aspect of your case.
AI is far safer when used by a lawyer since it is shielded by attorney-client privilege.
Contact Attorney Sean McQuaid at Colorado Springs Personal Injury Lawyers®
Navigating a car accident claim is stressful enough without having to worry about the complexities of new technology. You deserve a lawyer who understands the law, the local Colorado courts, and the power of modern AI.
If you’ve been injured, don’t go it alone and don’t rely solely on a bot.
Contact me today for a free consultation