Timing Question re: small claims

[GrampaPete]

What is the name of your state? WI

As so many others, I was involved in a crash in which the other party lied about her part. She has fought her citation and her insurance is not paying my insurance, so the two companies are in arbitration. There are photos and a police report detailing the accident in which she was cited and the photos conclusively show the details.

I have only about $1500 in medical bills (paid by my insurance to me) and about $2500 in lost wages and destroyed personal property (not reimbursed).

Should I:
Wait until arbitration is settled and then hopefully get an offer or submit a demand letter?
Present a demand letter to her insurance now?
File in small claims court now?
See a local attorney?

Thanks,

GP

[ecmst12]

I suggest EITHER wait for arbitration to be complete OR consult an attorney. Consult an attorney if you intend to pursue a pain and suffering claim and you feel your case is worth a significant amount of money. But the arbitration will be binding so if that doesn't come out in your favor, your options may be limited at that point. There is no point to filing suit now. Auto claims can take a while to be resolved; the statute of limitations in most states is 2 years. Unless that SOL is approaching, there's no need to file suit now.

[GrampaPete]

When in a "comparative negligence" state as is Wisconsin, do I have ANY voice in the arbitration between insurance companies? My suspicions are raised when an insurance company refuses to pay when an accident responsibility appears clear. By refusing to pay and thus forcing arbitration, and the arbitration is done by other insurance folks, isn't there a good opportunity for biased findings?

I have a claim for $2500 in losses of non-covered items plus some pain and suffering, so I think that small claims court after arbitration is the way to go...if the other insurance company makes no offers.

GP

[ecmst12]

Arbitration is supposed to be done by a 3rd party, so it should not be biased in favor of either company. You can ask your adjustor for more information about the arbitration process. But no, you don't really have any say, other then to give your statement to your insurance company (which you probably already did). If they need any other information from you, they will let you know.

You said you had destroyed personal property. You know you can make a claim for that under your homeowners (or renter's) policy right? Anything in the car but not part of the car would fall under Homeowner's insurance which is why your auto insurance did not cover it. It will be subject to your Homeowner's deductible but I think most people carry a lower deductible on that then on their auto so at least you can get some reimbursement in the meantime. And if the arbitration is decided in your favor, then your homeowners insurance can ALSO get reimbursed by the other guy's auto insurance and reimburse you your deductible.

I don't know how the courts would react to having a case filed when arbitration is pending. The point of arbitration is to avoid lawsuits, so they might just tell you to wait for arbitration before filing. Find this out BEFORE you spend the money to file.