Legal Question in Insurance Law in New York

I was involved in a traffic accident in july 2009. my insurance paid for the repairs less my $250 deductible. the other drivers insurance company lost an arbitration hearing finally in december 2010. my insurance company said they had until 1/31/11 to pay them and they would forward the $250 to me. they told mme today they left 2 messages with no reply. my ins co said they can file a complaint with the arbitration co, but she doesn't think that will force a payment. what should i do?? this is way past ridiculous


Asked on 2/10/11, 12:56 pm

1 Answer from Attorneys

Michael Krigsfeld William Schwitzer & Associates, P.C.

Normally, 2 insurance companies that resolve a claim between themselves via arbitration will not then fight over the result. As a matter of fact, an arbitration decision is binding upon all parties and cannot be appealed unless the appealing party can show an error in law by the arbitrator. In a dispute over $250 that would not even be worth their time. Another option may be that it was a mediation and not an arbitration. The difference is that a mediation is not binding upon the parties and a losing party does not have to accept the mediators decision. Now, if you were found to be not liabile at all for the accident then your insurance company should just send you the $250 deductible and pursue collection of this money from the other insurance company through a process called subrogation. Essentially, your insurance company would step into your shoes and assert your rights against the other insurance company for reimbursement. I agree with you that it seems ridiculous. But it may be the difference between an arbitration and a mediation.

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Answered on 2/11/11, 9:50 pm


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