LAW OFFICE OF ARKADY ITKIN
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Binding UM Arbitration of an Injury Case

binding um arbitration of injury case
Most UM (uninsured motorist policies) including a binding arbitration provision where you, the insured, have the right to have an arbitration hearing regarding your claim against your own insurance company to challenge the UM settlement that the insurance carrier offers.  "Binding" arbitration means - it's non appealable and arbitrator's award or lack of award of a final determination on the case.

Like in a case of filing a personal injury lawsuit in court, the parties that move to UM arbitration engage in written discovery (exchange of relevant documents, answers to questions). Depositions of a claimant, experts and witnesses, if any, are taken. Like in any other civil case, the parties can choose to settle their case at any time before the arbitration hearing. 

The arbitration hearing itself is very similar to trial, except it takes place in a private office of an arbitrator or any other privately arranged facility. The decision maker is is not a jury, but one person - an arbitrator (usually an experienced injury law attorney or a former judge). The parties mutually agree on the arbitrator around the time the discovery begins.  During the arbitration, the parties present their case, their evidence, and they have the right to direct and cross examine witnesses an experts in order to prove their case.

Just like in court, the parties have the right to make an opening statement and closing argument, although these are usually less important and shorter than in court, because of the limited impact of these statements on a typical arbitrator who is not going to be as moved by advocacy and appeal to emotion as an average member of a jury.  The insurance carrier pays the arbitrator's fees and costs.

Because arbitrators are generally much more sophisticated decision makers than an average juror, it is even more important to maintain credible demeanor during the arbitration proceedings than in court. This means, among other things, not exaggerating claims and damages and not making arguments that overreach that which can be proven.

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Law Office of Arkady Itkin

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case