Car Accident Arbitration Lawyer

What Is Car Accident Arbitration?

So, what is an arbitration process exactly? Arbitration for car accidents is a form of personal injury arbitration that focuses on the outcome of a car accident claim. 

During the arbitration process, a third party, or the arbitrator, attempts to resolve the dispute between you and the other party. This arbitrator examines the evidence and arguments made by both sides and determines an appropriate award.

While this may sound similar to a trial, an arbitration is not confined to the same rules of evidence and law as a judge is. The arbitration process also differs from mediation because the two parties are not negotiating during it.

Car accident arbitration is often mandated by car insurance policy clauses, particularly in cases involving an uninsured or underinsured motorist. Parties may also agree to arbitration to avoid the costs of a trial. It is typically less expensive and swifter than a trial, while returning similar results.

Why Is My Car Accident Claim Going to Arbitration?

Your car accident claim may go to arbitration for one of these common reasons:

Insurance Policy Clauses

Arbitration for insurance claims may be contractually required by your car insurance company. This arbitration, car insurance companies note, helps keep costs down for everyone. 

That’s a small comfort, though, when you are affected by this clause. Generally, insurance companies will require arbitration before or instead of a lawsuit when a driver is uninsured or when both parties can’t agree on the value of a claim. You should review your insurance agreement to determine whether arbitration is required.

Agreement by Parties

Trials can be expensive. You may be able to save thousands of dollars by agreeing to arbitration under terms that both parties consider fair.

Court-Ordered Arbitration

When you file a lawsuit, a court might order non-binding arbitration to attempt to save the court’s time and court costs.

Car Accident Arbitration Process Step-By-Step

So, what is an arbitration process like in Miami? In most cases, you can expect the process to follow these key steps:

Initiating Arbitration

The process usually begins when you or the other party determines that the arbitration process would be optimal. The other party or your Florida car accident lawyer can file forms based on a previous agreement or send a demand letter to start the process.

Selecting the Arbitrator(s)

Arbitrators are usually selected through a semi-cooperative process. The initiating party often creates a list of acceptable options, and the other party then chooses one from that list. These choices are usually retired judges or attorneys. In some cases, a panel of arbitrators may be chosen rather than a single arbitrator.

Pre-Hearing Procedures (Discovery)

Discovery for arbitration often mirrors the discovery process in court litigation. The main difference is that it’s less formal. Any evidence that you wish to use during the arbitration hearing must be shared with the other side during discovery. This is also an opportunity for the other party to interview you and ask questions.

The Arbitration Hearing

The hearing is effectively a non-formal trial. Both sides will present evidence, witness testimony, and legal arguments. You have the right to be represented by a lawyer throughout the process, and your attorney will typically do most of the speaking during the hearing.

The Arbitrator’s Decision (The Award)

After reviewing all evidence, the arbitrator can issue a binding or non-binding written decision.

How Long Does Arbitration Take for a Car Accident Claim?

Time is an issue in any insurance claim. The longer you have to wait for compensation, the more difficult your financial situation is likely to become. But how long does arbitration take? 

The timeline varies based on these factors:

• The complexity of the case.
• The availability of arbitrators.
• The rules governing the arbitration.
• Scheduling challenges.

Typically, arbitration takes anywhere from several months to over a year. This may seem like a long time, but even the long end of that is usually quite a bit faster than a trial. If everything falls into place, arbitration can even potentially end in weeks.

Binding vs. Non-Binding Arbitration: Understanding the Impact

There are two types of arbitration: binding and non-binding. It is essential to know which type applies to your case and what the consequences will be at the end of the process.

Binding Arbitration

Binding arbitration has the same legal strength as a court decision. The arbitrator’s decision is final, and courts will enforce the decision. However, it may be subject to appeal, depending on the circumstances of the decision. Your arbitration lawyer will explain what legal options, if any, you have after a decision is made.

Binding arbitration is usually the result of insurance policy clauses. You agreed to binding arbitration when you signed your policy, not when the accident occurred.

Non-Binding Arbitration

Effectively, the decision at the end of non-binding arbitration is a suggestion. It can’t be enforced, and you can pursue litigation if you reject the award. However, you may be financially penalized for not accepting the results. Additionally, because arbitrators are legal professionals, their decision could be roughly in line with the results of a trial.

What Happens After Car Accident Arbitration?

In the aftermath of a car accident arbitration, you will receive an award based on the written decision of the arbitrator. If the award is in your favor, you should receive compensation within 30 days.

However, this assumes that the arbitration is binding or accepted by both sides. If either side rejects a non-binding arbitration decision, the next step is often to take legal action.

Additionally, binding arbitration may be appealed by either party. But there are strict limits regarding the results of the appeals process. The court may confirm the award or vacate the award. It does not have the authority to alter the decision beyond those options.

Why Do You Need an Experienced Miami Car Accident Arbitration Lawyer?

Arbitration for a car accident claim can be complex. While the arbitration process isn’t as formal as court litigation, it is still a legal process. Furthermore, the stakes are just as meaningful in arbitration as they are in litigation. The insurance company understands this and will likely be represented by an experienced car accident arbitration lawyer.

You should be equally prepared when entering the arbitration process. A Miami arbitration attorney from Bernstein & Maryanoff, Injury Attorneys, can protect your rights through the process. 

Specifically, our seasoned lawyers can help with the following:

• Explaining the complexities of insurance policies and arbitration clauses.
• Navigating the procedural rules of the process, including those from the American Arbitration Association (AAA).
• Using knowledge and experience to select an arbitrator likely to make a favorable decision.
• Handling the discovery process.
• Investigating and gathering crucial evidence.
• Examining witnesses, presenting evidence, and making legal arguments.
• Making accurate assessments of the value of damages in a case.
• Fighting to protect your rights at all times.
• Expediting the post-award procedures.

Only insurance companies benefit when you aren’t represented during arbitration. You can safeguard your financial future by consulting with an experienced Miami lawyer.

Bernstein & Maryanoff: Your Advocates in Miami Car Accident Arbitration

The car accident arbitration lawyers at Bernstein & Maryanoff, Injury Attorneys, are committed to helping car accident victims get fair compensation from insurance companies. Our legal team has decades of experience and a track record of success.

We approach every case the way we would want to be represented. Our clients receive personalized attention and aggressive advocacy through every step of the arbitration process.

Considering hiring a Miami arbitration attorney, but don’t know where to start? Contact our law firm for a free, no-obligation consultation today.

Have you been injured in a Miami head-on collision? Get immediate legal help.

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