Why Will My Car Accident Claim Be Arbitrated?
A Florida car accident claim going to arbitration is one way to ensure an outcome in the case while avoiding a trial. There are pros and cons for arbitration in a traffic accident case. This alternative dispute resolution method uses a neutral, third-party arbitrator to review the case facts and decide the outcome.
If your car accident claim is headed for arbitration, we are here to help. A car accident attorney from the Law Offices of Wolf & Pravato represents clients in arbitration and presents strong cases to support fair compensation. Call us at (954) 633-8270 now to learn more.
Understanding Arbitration in Your Florida Car Accident Case
Most car accident claims end in a negotiated settlement between the claimant and the insurer. This is true in both no-fault policy claims and fault-based liability claims. However, there are alternatives to going to trial if an agreement is impossible. One of these alternatives is arbitration.
What Is Arbitration?
Arbitration is a process where the parties agree on a neutral third party to review the case facts and decide the case. Arbitrators are often retired judges, Florida car accident lawyers, or others familiar with the industry and similar cases. The arbitration meeting is similar to a trial without strict rules, and it often takes place in a conference room, not a courtroom.
During the arbitration, each side presents its case and evidence. The arbitrator reviews it and issues a decision. In binding arbitration, this is the final say on the case’s damages, fees, and other questions. Unlike a jury trial, there are no appeals in arbitration. Some cases rely on non-binding arbitration instead. This gives the parties an opportunity to see how a trial might go.
Why Is Arbitration Used in Car Accident Cases?
Arbitration provides an alternative method of closing a case without the expense of going to trial. Arbitration as dispute resolution is often included in insurance claims, meaning the policyholder agrees to it when they purchase the policy. This is why many car accident claims in Florida go to arbitration—you agreed to arbitration by buying the policy.
Sometimes, courts mandate arbitration instead of setting a trial date on its docket. Mediation is another form of alternative dispute resolution commonly used in that way. Arbitration is generally binding, while mediation is not.
The Role of a Car Accident Attorney in Arbitration
Arbitration can occur when you have a dispute with your own insurer or when you cannot reach a settlement with the at-fault driver’s insurance company. Arbitration might occur in property damage or injury cases. In most cases, it only happens after negotiations fail to resolve the issue and reach a settlement.
One way to ensure you know what to expect and how to manage arbitration is to work with a car accident Florida car accident attorney. Our team represents clients pursuing compensation after a Florida crash, including some whose cases go to arbitration.
When we represent a client, we fight for their best interests. We build strong cases and pursue the money they need to pay their accident-related expenses and losses. They expect us to protect their rights and manage the claims process on their behalf. We do and with no upfront fees. We work based on contingency fees, even when car accident cases go to arbitration.
How Car Accident Claims Proceed Under Florida Auto Insurance Laws
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were 390,669 car accidents in Florida during 2022. If all those involved filed a lawsuit and took the case to trial, the courts would spend all their time sorting out insurance disputes.
One way Florida prevents this situation is by having no-fault auto insurance laws. According to FLHSMV, all drivers in the state must carry a personal injury protection (PIP) policy of at least $10,000. This policy covers some of the policyholder’s medical bills and lost income after a crash. Only under specific circumstances can they pursue a case against the at-fault driver.
However, reaching a fair settlement agreement with a PIP provider or the other driver’s insurer is not always easy. The insurance company wants to pay as little as possible while the victim pursues fair compensation for their injuries and losses. This leads to disputes and the need to take the case to trial or engage in alternative dispute resolution such as mediation or arbitration.
Discuss Your Car Accident Claim With a Team Member Today for Free
You can reach the Law Offices of Wolf & Pravato now to discuss your case with our team. We can answer your questions and assess your legal options, including the possibility of arbitration. We understand how frustrating the insurance claims process can be after a Florida crash.
Get in touch with us at (954) 633-8270 or contact us online to learn more during a free consultation.
