Legal Question in Personal Injury in California

unfair ruling from arbitrator

should I take my accident claim to trial? The arbitrator awarded me an insulting amount of $50. I was rear ended, so it clearly is not my fault. He awarded my passenger $4,000.


Asked on 9/17/97, 3:32 pm

1 Answer from Attorneys

Timothy J. Walton Internet Attorney

Fact-specific questions

Assuming this was not binding arbitration, then you must determine the extent to which you are willing to subject yourself to the further inconvenience litigation requires. There are many factual situations that differentiate a passenger and a driver. The award to the passneger is not always an indication of the merits of the driver's case. You should seek qualified counsel in your area to determine whether the facts of your individual case merit the trouble and expense of trial. Remember, though, that non-binding arbitration is often a "dry run" and very indicative of whether you will succeed with a judge or jury. If you feel that you did not rpesent your case in the best possible light to the arbitrator, then maybe it is worthwhile to try harder at trial. On the other hand, if you feel the arbitrator simply did not like you, or intentionally ignored aspects of the case which you felt were important, it may be that your understanding of the issues in dispute is not accurate. Bottom lines is: this question is far too broad for this forum and any answer you get, including this one, should be taken with a grain of salt.

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Answered on 9/20/97, 11:05 pm


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