How do I say no to arbitration and go to court?

Question

I was in a car accident and things turned sour, so now its being sent to arbitration. I know the other party was at fault, and my lack of transportation has cost me several $$ in gas alone because I am hitching a ride with someone, and major problems at my job. I have liability only, the other party has full coverage. I have not rented a car for fear that I would not be reibursed. I have an officer witness who says he will testify in court if he has to. What are my options? How does arbitration work? How can I make sure i get reimbursed for my total loss and the inconvenience of borrowing transportation?

Answer 1

Do not agree to arbitration if you are certain that you will win.

Answer 2

Arbitration is where you agree and sign a legal document that you settle out of court. Depending on what they offer you is not always a bad thing. However, IF you go to court and the cop is going to testify for you. You will win. Flat out truth. I would sue them. Be sure you have documents and reciepts of anything that has caused you to be with out a car. Besure to get what you can out of them. Your insurance company should be doing this for you. Also, get a lawyer and also include that they pay for you lawyer fees. Just get a lawyer, and everything will be tooken care of. The longer you wait , it shows your not as hurting with out a car as you make out. Just call a lawyer today and get over with.

Answer 3

The arbitration is an informal meeting between the parties involved and/or their representatives. It's a face to face attempt to come to and agreement or settlement acceptable to both sides without the high cost and lengthy litigation required in a law suit.

The courts nowadays often require an arbitration process before they will allow you to take a case to court.

Arbitration is required for several reasons. First, it's part of almost every insurance contract. You agreed when you purchased your insurance to at least attempt to settle a loss through arbitration before going to a formal court proceeding. Secondly, Most claims can be settled by the claims adjusters or through arbitration The vast majority of claims that went to court in the past really had no reason to be in court in the first place and the outcome was substantially no different than arbitration would have resulted in.

It is always best to give a good faith effort at arbitration prior to filing a suit. Following the rules of process and making every available attempt to settle the matter before you only reluctantly file a suit, Will always put you in a much better light in the eyes of any Judge or Jury should you eventually wind up in a court.

If you simply refuse arbitration it could be perceived by the court that you are not interested in a civil amicable settlement. Once you get to court, this prior refusal could predispose a judge or jury against your case and they may perceive you as being greedy or unreasonable from the start of any proceeding.

The common concept of Fault and the legal definition of Liable are not the same.

We are often held liable for things that are not our fault just as we are often not liable for things that are our fault.

Any police or accident report along with witness statements will be considered in the claims process. The conclusions of witnesses and even the conclusions of an officer on his accident report are not the only factors in determining fault and certainly not in determining liability.

One should also consider that with tort reform of the 1990's, should you insist on going to court with a case that could have been resolved out of court and lose your case. You can be personally responsible for all the legal fees and court costs of the prevailing party.

If you do wind up in court at some point, it's always best if you’re seen as the lone soldier in the white hat who brought your suit only as a last resort against the big bad Insurance Company who missed every opportunity to compensate you fairly.

Additional ---- Related to Rental Car or Loss of Use

If the other party is found liable, then you are certainly entitled to "Loss of Use" aka "Rental Reimbursement" from the insurer of the other party. This should be negotiated in addition to any amounts settled on for your property damage or injury. You do not have to have rented a car to be entitled to loss of use. As you only had liability on your own policy though, it is not incumbent on your own insurer to address any rental reimbursement.

Best of Luck