Legal Question in Personal Injury in California
Arbitration on Rear End Accident
I was rear ended about a year ago. My claim just went through arbitration for the personal property (car) and my insurance co won arb. The other co found 100% liable. I just called and they are still denying any and all personal injury, since my insurance only went after property. I was rear ended due to extenuating circumstances, but I am not in any way at fault. What should I do now, since they are still denying liability? Myself and my passenger were injured ( I did about 6 sessions of physical therapy) and still occasionaly have back pains. Can I arbitrate without a lawyer or is a lawyer necessary?
4 Answers from Attorneys
Re: Arbitration on Rear End Accident
You have to sue in court. Arbitration is something insurance companies chose to do amongst themselves. You don't have the right to arbitrate your claim.
You can pursue your lawsuit by yourself but will likely flounder and stress yourself out. You should hire a lawyer, who will likely take the case on a contingency (no fee if no recovery).
Let us know if you would like us to look at your case.
Re: Arbitration on Rear End Accident
Arbitration gives insurance companies the home court advantage. Retain an attorney and file a lawsuit.
Check out my website at http://www.tgm-law.com and call me if I can be of any assistance.
Re: Arbitration on Rear End Accident
Arbitration refers to "inter-company arbitration" done by the insurance companies. This ruling is not binding on anyone and the insurance company can still deny your claim.
If you only have 6 PT appointments, you may want to consider small claims court. This will let you resolve your case quickly. You would sue the other party directly. You may want to consult with an attorney first to determine the value of your case.
Good luck.
Re: Arbitration on Rear End Accident
You will get 0 on your injury claim without a lawyer. You would be a fool to arbitrate instead of filing a lawsuit. Waiting a year has probably hurt your case, and you may well have done other things to hurt your case. Next time you get hurt in an accident, call a lawyer immediately after receiving medical attention.