When you and your attorney cannot reach an agreement on a personal injury settlement, your claim will advance to arbitration. This often happens after a car accident where the insurance company does not agree with the severity of injuries or the damages you are claiming. Here is a closer look at what happens when your car accident claim goes into arbitration and what you should expect when going through the arbitration process after a car accident.
Why Do Car Accident Claims Go Into Arbitration?
If you and your attorney and the insurance company cannot reach an agreement for an auto accident injury settlement, the claim may advance to arbitration. This is especially true if one side suggests a settlement and the other side does not agree with the offer. Sometimes the court may mandate arbitration depending on the circumstances. An arbitrator could be a retired judge, an experienced lawyer, or anyone else that both parties can agree on. When an arbitrator is used, the decision is final. The arbitrator’s decision cannot be appealed, and the arbitration process does not have technical rules of evidence. Arbitration has many steps much like a court hearing.
How Long Does Arbitration Last?
The length of arbitration can vary, but it usually resolves a personal injury claim more quickly than settling a claim in court. Typically, arbitration lasts less than 80 days. Arbitration is structured much like a trial but involves fewer formal procedures. You can make an opening statement, much like in court, and you will testify under oath and explain your case. You will detail how the accident happened, why the other person is at fault for the car crash and detail the damages you have suffered and provide supporting documentation and evidence that shows your losses.
The other party will present their evidence and you can cross-examine any witnesses for the insurance company. After the evidence has been presented, you can make a closing argument to explain what you have proven and describe what kind of award you are wanting to receive. The arbitrator could decide the case on the spot, especially if there is sufficient evidence. Otherwise, you should expect a written decision within a few days of the conclusion of arbitration. The decision will detail the settlement, so both parties understand the arbitrator’s decision.
Get Help When Your Car Accident Claim Is In Arbitration
If you are trying to settle a personal injury claim and it has advanced to arbitration, you should consider working with a personal injury attorney if you have not already retained one. You should be fairly compensated for your injuries and damages, and an attorney can help you through the process. Many personal injury lawyers work on a contingency basis, which means that they will not be paid until your claim is resolved and you are compensated. Complete the Free Case Evaluation Form to share the details of your car accident claim with an accident injury lawyer in your area.