Why Is My Auto Insurance Case Going to Arbitration?
When you and the other party can’t reach an agreement after a car accident, your auto insurance case will go to arbitration. A car accident lawyer can help you with this process so you can recover the compensation you qualify for.
At Laborde Earles, our team of Lafayette car accident lawyers can help explain why your auto insurance case is going to arbitration. Read on to learn why your case is going to arbitration and how our legal team can help you.
What is Arbitration?
In Louisiana, arbitration is a dispute resolution process for certain civil cases. It allows opposing parties in a legal disagreement to share their case and have a third-party communicator decide their case instead of going through the formal legal system. During arbitration, the parties present their arguments and evidence to the arbitrator.
Their goal is for the arbitrator to make a final, binding decision to resolve the conflict. Arbitration is generally a private process that happens outside of the courtroom. It aims to provide a simpler and faster way to settle disputes compared to a traditional lawsuit.
When Will a Case Go to Arbitration?
Louisiana laws mandate that PIP disputes relating to automobile insurance policies issued in the state must be resolved through binding arbitration if the involved parties are unable to come to an agreement. This arbitration requirement applies in situations where there is disagreement over medical payment coverage included in the motor vehicle policy
Common reasons auto accident insurance cases may go to arbitration in Louisiana include:
- Disagreements over payment of medical bills from treatment required as a result of injuries in the crash.
- Disputes regarding payment of lost wages claimed while the injured party was unable to work due to accident-related injuries.
- Questions to collect information about the extent and duration of injuries caused by the motor vehicle accident.
- Denials or partial payment denials by the insurance company for claimed damages such as property damage.
- Disagreements over which medical providers or treatments are covered under the PIP portion of the insurance policy.
- Fault or liability for the crash is not determined in arbitration; PIP covers only payment of claimed damages.
Factors Considered in Auto Insurance Arbitration in Louisiana
In determining arbitration awards for disputed PIP claims, Louisiana arbitrators will consider a number of important factors based on the evidence and arguments presented at the hearing. First and foremost, arbitrators must carefully evaluate the nature and extent of the injuries resulting from the motor vehicle accident.
The arbitrator will also examine any lost wages or income claimed as damages. Tax filings or pay stubs may be required to substantiate economic losses. A second major area of consideration is determining liability and coverage responsibility between the involved parties.
The arbitrator reviews details of the incident, statements, and accident reports to ascertain whether injuries are indeed related to and caused by the motor vehicle incident in question. Policy and coverage terms must also be fulfilled for PIP benefits to be awarded.
How Can a Lawyer Help With an Auto Insurance Arbitration in Louisiana?
While arbitration is meant to provide a streamlined alternative to litigation, legal representation can still offer valuable assistance throughout the process. Some ways a car accident attorney in Lafayette may help include:
Filing and Preparing Dispute Documentation
Our team at Laborde Earles is well-versed in the paperwork requirements and deadlines for initiating arbitration. We ensure all important details are included in the Request for Arbitration, such as dates of treatment, claimed injuries, bills submitted, and the amount reimbursed. Supporting documentation like medical records spanning years may need requesting and organizing.
Our team can assist in obtaining these documents to build the claimant’s case file fully. With over 250 years of combined experience, our attorneys catch any errors or omissions that could jeopardize the filing.
Selecting a Qualified Arbitrator
By thoroughly investigating the backgrounds and qualifications listed for potential arbitrators, an experienced car accident lawyer can provide valuable input. We analyze arbitrator experiences, specializations, companies previously represented, and any indications of potential bias to narrow the field.
Our lawyer recommends rankings to the administrator based on our knowledge of which arbitrators tend to rule favorably or not in similar past matters. Selecting an arbitrator most likely to give a fair hearing and judgment improves chances for a successful outcome.
Reviewing and Responding to Insurer Submissions
When the insurance company submits contradictory or incomplete evidence and arguments, an attorney is equipped to dissect these with a discerning eye. We draw upon familiarity with techniques commonly used by insurer defenders to undermine or confuse liability responsibility.
The lawyer drafts detailed counter-arguments, highlighting gaps and bringing to light records the company omits. This response strengthens the claimant’s position and prevents unjustified attempts to diminish the damages awarded.
Preparing Your Witnesses and Presentation
To make the strongest possible case, an attorney coaches each witness on concisely explaining their role and opinions. The lawyer works with clients to practice composing their testimony and anticipated cross-examination questions.
Potential weak points are identified and addressed. On the day of the arbitration, the lawyer ensures witnesses attend and are relaxed yet impactful when presenting the full extent of harm done. Confident delivery leaves an arbitrator with no lingering doubts.
Pre-Hearing Procedures
A lawyer is able to participate in pre-hearing conferences to properly position the case strategically. Our team requests specific documents, records, or inspections crucial to support claims. Deadlines set by the arbitrator are carefully reviewed for opportunities to strengthen the client’s arguments.
If defense tactics appear aimed at delay, the attorney advocates efficiently moving procedures along. Settlement offers can also be realistically evaluated at this stage based on a lawyer’s experience with case valuations.
The Arbitration Hearing
At the hearing, our car accident lawyer exercises experience in arbitration procedures to structure an optimal presentation. We make evidentiary objections when insurer counsel asks inappropriate questions.
In opening statements, the lawyer brings the arbitrator up to speed on key facts and law in a storytelling manner. Witnesses are examined deliberately to highlight the strength of claims while navigating cross-examinations. Compelling closing arguments tie everything together to move the arbitrator toward a favorable decision.
The Arbitration Decision
If the ruling is partially or fully against the client, a legal professional reviews it for grounds to vacate or appeal. Possible deficiencies like the arbitrary interpretation of the law, refusal to hear pertinent evidence, or bias may warrant a further challenge.
An attorney’s insights help clients understand arbitration outcome options and whether pursuing relief is strategically advisable given the particular case circumstances.
Learn More About Why Your Auto Insurance Case Is Going To Arbitration
At Laborde Earles, we have over 250 years of combined personal injury experience. We’re ready to put our experience to use and help you with your auto insurance case going to arbitration.
Contact us to learn more about why your auto insurance case is going to arbitration.
