Did you receive a car insurance company’s settlement on your car accident, and you are not okay with the total? That is common, and often, people do not know they have a way of pursuing additional financial coverage. That can be done through a process called arbitration, an out-of-court process that allows you to pursue additional coverage.
At John Foy & Associates, an Atlanta car accident lawyer can answer all of these and other questions you have, providing you with insight into what steps you have and the process to ensure you maximize what you are owed. Do not be followed by statements like “final offer” on the settlement as you may still be able to obtain more. Set up a free consultation with us to learn how we can help you navigate that process.
What Is the Car Accident Arbitration Process?
The car accident arbitration process is a legal proceeding in which the insurance company and you, the victim, present information about the claim. This information is provided to a third party, who is considered a neutral party, called an arbitrator. The decisions made by the arbitrator are considered legally binding and cannot be appealed at a later time.
There are benefits to this process, including allowing for the settlement of disputes in a faster method. This option is less expensive than going to court in some situations.
The first step in this process is to request arbitration. This often occurs when negotiations are no longer working, and the claims adjuster is no longer willing to work with you to change the settlement offer. The insurance company cannot state that you have to go to arbitration, but they can suggest it in some situations.
You also cannot force the insurance company to enter into arbitration. However, you can tell the insurance company that you are not willing to settle, and if arbitration is not allowable, it may be necessary to go to trial. In all situations, a formal written request for arbitration must be sent to the insurance company.
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Preparation Phase
The next step is to prepare for the process, which means obtaining an arbitrator to listen to the car accident claim. Many times, these professionals are judges or highly experienced lawyers who may no longer be working in the courtroom.
The person you select will handle the entire process, which includes making the ultimate decision. Be sure you choose a professional that is fair and has a high moral standing.
After the professional is selected, there will be a need for you to share information and documents with the insurance company. You will need to share information about the arbitration agreement timeline with the insurance company as well. They have the right to be prepared as well, and in that process, they will work to develop evidence that will make it harder for you to win your case.
The Arbitration Process
Typically, the hearing will occur in which the parties are within the same room so that the arbitrator can listen to both sides of the story and a back-and-forth conversation can take place. Most of the time, this hearing takes under a few hours, but it could stretch longer if the arbitrator needs more information. It is not uncommon for the process to take several days to complete.
You will be tasked with several steps during this process, including:
- Making an opening statement about the incident and your claim
- Present witnesses who can share more about what occurred or the concerns you are disputing with the insurance company
- Provide any additional evidence you have that specifically supports your claim
- Watch and respond to the insurance company’s side, and be ready to interact when asked
- Prepare a closing statement
The Awarding
Ultimately, it can take a bit of time to actually get the decision from the arbitrator. This is not likely to happen within a day or so but rather a week or two. The arbitrator’s award will specify the outcome and the reason why.
The Arbitration Timeline to Expect
The arbitration timeline after a car accident can differ somewhat, but typically will follow this type of schedule:
- Up to 60 days: The filing of the request and arbitrator selection
- 60 to 90 days: During this next three-month period, all parties will exchange information and prepare for a hearing
- 91 to 100 days: At this point, the arbitration hearing will take place, which could be just one day or several days
- Days 101 and on: The decision by the arbitrator will occur
Is This the Right Decision for Your Car Accident Case?
There are many reasons to consider arbitration, but the biggest obstacle for many is realizing that no matter what, the decision of the arbitrator will ultimately determine what type of award you receive. If your case is complex or you are unsure you can get one person to understand your situation, it may be best to pursue a lawsuit instead.
Our legal team can offer insight and guidance to you about the benefits and risks you take in pursuing this process. We highly encourage you not to rush into a decision – do not settle your insurance claim if it is less than what you are owed. Instead, set up a free consultation with our legal team to discuss your specific claims and needs.
Schedule a Free Case Review Now
As you learn more about what the arbitration process is and what the timeline is likely to be, it can seem like this process is overwhelming and even limiting. Yet, our legal team is available to help you.
Set up a free consultation with John Foy & Associates now to discuss your case. There is no risk to you, and if we believe you should settle or pursue arbitration in your case, we will tell you that. In other cases, pursuing a lawsuit is the best route. There is no obligation to make a decision just yet. Contact us for a free consultation by calling our office today.
404-400-4000 or complete a Free Case Evaluation form
