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Auto Accident Arbitration

Posted on:11/15/2012
In many states you must refer your auto accident case to arbitration before it can go to trail. This is known as mandatory arbitration.


In many states you must refer your auto accident case to arbitration before it can go to trail. This is known as mandatory arbitration. Even if your state law does not have a provision for mandatory arbitration, you can always refer your auto accident case to arbitration by mutual consent of all concerned.

 

In arbitration, you refer your dispute to one or more arbitrators. The arbitrators' decision will be binding on you and the other party. An arbitration award can be enforced just like a court order. Generally an arbitration award will be enforced by the courts unless the party opposing the enforcing can show that the award was obtained through fraud. 

 

If there is mandatory arbitration or if you and the other party in your auto accident case have decided to refer the dispute to arbitration, you must start the process of arbitration by selecting an arbitrator. Any person can be appointed as the arbitrator. Generally most parties prefer to appointed retired judges as arbitrators. You can choose your arbitrator from the members of the many arbitration associations. You can contact one such association and ask for their list of arbitrators. 0

 

Generally your insurance company will suggest the names of many arbitrators and you can select one of them. However prior to selecting an arbitrator, you must verify the fairness of the arbitrator. Avoid arbitrators who have complaints of fairness against them. Remember an arbitrator’s order is final. You cannot appeal against the order of an arbitrator.


  
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