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Is arbitration really neutral??

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JoBarry

Guest
State: Arizona

I will not rehash the specifics of my accident because I've listed it before in previous posts. I did, however, take part in a deposition in early November with the at fault party's attorney (which my attorney feels I handled professionally). As of now we haven't heard anything else from them (settlement offer) and it looks like it will be heading to arbitration after all. Here are my questions: is an arbitrator truly a "nuetral 3rd party" or do they tend to lean towards the side of the insurance company? Do the party's involved in the suit get to speak directly to the arbitrator to state their case or does the arbitrator make their decision solely from looking over documentation? If the parties involved do get to speak directly w/arbitrator, what happens if defendant doesn't show (which I am sure will happen)....?

Also, when the at fault party was "ambushed" (after having family lie about her living in home) and finally served w/summons she did not respond within required time period and did not even notify the insurance company that she had been served. Will this info be given to the arbitrator since by her avoiding/ignoring summons adds to her appearance of guilt.

IAAL - I would appreciate your feedback on this one as well as anyone else......Would it help if I say I am kind of a redhead (since your bio says to have a weakness for redheads?):)

Thanks in advance, Joanna.
 


stephenk

Senior Member
most arbitrators who hear cases are attorneys who handle different types of civil cases. I am sure the arbitrator on your case will experience in personal injury lawsuits or the attorneys on this case would not have agreed to go with this person.

Some arbitrators hold the hearing very informally whereby they allow the attorneys to make "offers of proof". This is when your attorney will tell the arbitrator what you would testify to in regard to the facts of the accident, your injuries and damages. The other attorney would be allowed to present the defense in a similar way. If any attorney or the arbitrator wants to further question a party, it will be allowed.

other arbitrators hold the hearing in a formal way, very similar to a court hearing. your attorney asks you questions, then the other attorney can cross examine you.

the issue regarding service of the summons and complaint has no bearing as to fault. it won't be mentioned.

if the defendant does not show up, you dont automatically win everything you ask for. the defense attorney can still argue the value of your case and liability if there is evidence to support those arguments.
 
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JoBarry

Guest
Thanks for the information Stephenk. With regard to the arbitrator, they were assigned by our county Superior Court so I doubt that the attorneys involved would have any choice about using them (?). We both have the same insurance company so this has been a nightmare! I am being accountable for 85% of an accident I was not responsible for (see past posts if interested for details). My main goal out of this is for her to be found 100% at fault (its a matter of principle).

One more side question......when speaking w/my insurance company I specifically asked them how this accident was reflected under my policy premium and they stated it was just listed as a "not at fault accident" (I had to total vehicle under my own policy). How can the Geico rep feel I am 85% responsible (for being rear-ended???!!!) yet it show up as a "not at fault" accident. Seems hypocritical to me. Anyway, thanks for the info. Joanna.
 

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