Binding UM Arbitration of an 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.
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.