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Your car accident case may go to arbitration, instead of trial or mediation, for one of two reasons:
- You and the other party agreed to binding arbitration (whether by your choice or because it’s required by contract or by the insurance carrier), meaning the arbitrator’s decision is final in the dispute
- The trial judge for your case ordered both parties to arbitration
Insurance companies often prefer arbitration in car accident claims to a trial because it is a quicker and less expensive way to settle the matter. You have the right to be represented by a West Palm Beach car accident lawyer throughout the process. They can build a case supporting your position and present your side of the story to the arbitrator.
What is arbitration?
Arbitration is one of the forms of alternative dispute resolution (ADR) used to settle a civil matter, like a car accident case (mediation is the other). It is overseen by a neutral third party, referred to as the arbitrator.
The car accident arbitration process is less formal than the process that you go through in court, and can resolve the matter instead of a civil trial. It may be either binding, in which the arbitrator’s decision is final and legally binding if parties agree, or non-binding and not legally enforceable.
The process proceeds like so:
- Your lawyer gathers evidence supporting your position and prepares arguments on your behalf
- You attend a hearing, in which the arbitrator will hear both sides of the case
- Your lawyer calls witnesses and cross-examines witnesses called by the other party
- The arbitrator considers the matter and renders a decision, usually within a couple of weeks (but sometimes on the spot, if the facts of the case are clear)
Pros and cons of arbitration in car accident claims
Arbitration usually provides a faster resolution to your case; if you need the financial award to pay for your medical care or other losses from the car accident, this is a big benefit. Another considerable benefit to arbitration is that the rules of evidence are more relaxed than in court. Your personal injury lawyer may have more success presenting evidence in the arbitration hearing than in court, where the other party may more easily challenge it.
However, arbitration, especially if it’s part of your insurance contract, is usually binding. You don’t have any recourse for appeal if you believe that the arbitrator reached the wrong decision.
Both parties must agree on the arbitrator, and in many cases, they must also agree on whether the decision is binding.
How a car accident attorney helps you in arbitration
Although arbitration is a less formal process than a trial in civil court, it still has specific rules and protocols that participants and their attorneys must follow. And, you still have to present a clear and compelling case for your position. Your lawyer may spend as much time preparing for the arbitration hearing as they would for a jury trial, especially since this may be your only chance for a positive outcome.
Your lawyer can handle all the legal matters necessary to prepare for arbitration, including gathering evidence, interviewing witnesses and deciding who to have testify in the hearing, and drafting any motions and briefings required. Your lawyer may also be engaged in settlement negotiations with the other party or their insurance company. You can still settle your case before arbitration if the other party offers and agrees to a settlement.
Do you need skilled legal representation in your car accident arbitration hearing? Call the law firm of Lytal, Reiter, Smith, lvey & Fronrath today at (561) 655-1990 for a free consultation.