Help! Battling my own insurance company!

[tabz]

I live in Washington state. I was rearended and I handled the case myself. I finally settled with the tortfeasor's insurance company. They paid his policy limits, which were state minimum requirements. My insurance company then came in, took most of it for PIP reimbursement. When I asked them to put it in a trust account, they didn't. They didn't offer to buy the settlement, per the Hamilton letter, and they took the money directly from the tortfeasor's insurance company instead of the tortfeasor himself. I then received a call from my company at first denying my any of my benefits under my insurance policy under "I have been fully reimbursed" and when I asked them how they came up with that, they told me they didn't have to tell me and take it up with the Insurance Commissioner if I didn't like it. After I wrote them another letter, they came back with a very small offer. After going back and forth not being able to agree, I demanded arbitration per my insurance contract.

I have spoke with a couple of attorneys for representation but they all told me that there is not enough money in the case for them, so..... I have been handling everything myself.

I am going to be representing myself in arbitration and could use a little guidance. I need to know where can I look for help in filling out the forms? (Presenting it in the correct Legal terms and it being accurate) Also, I need to know the process after I file my motion for arbitration in the courts. I have looked up a lot of resources, I understand how to be a Pro Se in trial and how arbitration works, but I need a little guidance of the procedures and what to expect.

Any help or guidance would be greatly appreciated!


[Edited by tabz on 06-14-2001 at 12:04 AM]

 

[HomeGuru]

You do not file a motion for arbitration with the Courts.
Your insurance policy should specify what is known as ADR (alternative dispute resolution) which could be mediation and next arbitration. This ADR is not court action. It is action that does not involve litigation or the Courts. You file for arbitration directly with an arbitrator entity such as the American Arbitration Association.
The Courts would be involved only on rare occasions:
1) if you disreguarded the arbitration clause and file a court complaint against your insurance company.
Your insurance company would then file a motion to compel arbitration and thus move to take the matter out of the court system.
2) if arbitration was completed and the arbitrator did not follow proper procedure. You could file a complaint in Court to request that the Court set aside the judgement of the arbitrator.

 

[I AM ALWAYS LIABLE]

My response:

First, you send your Request for Arbitration / Mediation (as specified in your policy) by sending a Notice, such as written here, by Certified Return Receipt Mail.


To: _________[Names of all parties involved in dispute or potential dispute]
_________[Name of party initiating request for resolution] requests alternative dispute resolution under Civil Code section 1354 of the following dispute: _________[describe dispute].
_________[Party initiating request] requests that the dispute be resolved by _________ [mediation or _________ (binding or nonbinding) arbitration] before _________[specify].
Please take notice that each party receiving this Request for Resolution is required to respond within 30 days of receipt of this request, or the request will be deemed rejected.
A copy of Civil Code section 1354 is attached to this Request for Resolution.

Dated _________.
_______________________
[Signature of party initiating request]


You can then hire a paralegal (See your Yellow Pages) to work with you in the preparation of your Brief. You give the facts and other information, and the paralegal puts it into final form.

Good luck to you.

IAAL

[Edited by I AM ALWAYS LIABLE on 06-14-2001 at 02:56 PM]

 

[tabz]

Thank you very much for your help! If I have any more questions, I will be sure to post them.