Arbitration in Personal Injury Cases
Despite thorough preparation and persistent negotiation with the insurance company, it is possible that your claim could reach a stalemate. The insurance company might stubbornly deny your claim, contending that the insured was not a fault or maybe offer you such an unreasonably low settlement offer that underserving of a counteroffer. If settlement talks have not been fruitful you may want to consider taking your claim to arbitration. In other cases, your insurance policy might require that you take your claim to arbitration instead of court. Either you or your insurance company can initiate arbitration if it seems that further settlement negotiations would not be successful. Arbitration is a way to resolve disputes that have it has the informality of a small claims court but no but not with the dollar limits. In arbitration both sides explain their positions to a neutral party called the arbitrator insurance company must pay any amount the arbitrator determines to be fair compensation. Usually, an arbitrator’s decision is final.
Types of Claims
Only certain types of vehicle accident claims filed under your own insurance policy must go to arbitration rather to record some of it some examples include most uninsured motorist claims most UIM claims some claims under personal injury protection policies and states with no fault insurance laws like Florida etc. Only certain types of vehicle accident claims filed under your own insurance policy must go to arbitration rather to record some of it some examples include most uninsured motorist claims most UIM claim some claims under personal injury protection policies in states with no fault insurance laws like Florida etc. To determine if your claim should go to arbitration rather than court, it is important to examine your auto insurance policy. An experienced car accident attorney can review your policy and determine if arbitration is an option. Usually, the arbitration provisions are found towards the back of your auto insurance policy. Here’s an example of the language you will usually find in most arbitration provisions:
“If we and in insured person do not agree that the insured person is legally entitled to recover damages from the owner or operator of an insured motor vehicle for bodily injury to such insured person or, if so entitled, do not agree as to the amount, then upon written demand of either party, the disagreement shall be submitted to a neutral arbitrator for decision according to the laws of the state of Florida all other issues between us and the insured person including the existence or limits of coverage may not be decided by the arbitrator any award made by the arbitrator shall be within the terms and coverage limits of this policy.”
You and your insurance company may disagree over issues other than who was at fault for the accident and how much your injuries and loss income. For example, the company may dispute weather coverage wasn’t forced at all during the time of your accident contending that the insurance had lapsed, or it was canceled before the accident took place. And arbitrator cannot decide these coverage disputes unless you and the insured agree in writing to submit them to arbitration. Generally, an insurance company will not agree to do so and until the matter of coverage is decided you will not be able to force the claim into arbitration. Generally, an insurance company will not agree to do so. If you have a dispute with the insurance company over whether you are covered in the company makes no settlement offer you may have to hire an experienced person injury lawyer to pursue the matter for you further if the attorney gets the insured to agree that you are covered or just submit the question of coverage to the arbitrator you can then decide whether to have the attorney represent you in arbitration or do you represent yourself.
Speak with a Car Accident Attorney in Miami Today!
Dealing with arbitration on your own or filing a lawsuit without an attorney can be a scary proposition. Our car accident attorneys can assist you with all these issues and more with honest, practical and sensible advice and clear guidance. Although there is no need to take a crash course in personal injury law or understand every detail of your car accident claim, by knowing the basics, you can alleviate your fears and prevent common mistakes other personal injury claimants tend to make. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation. We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
