Intercompany Arbitration

[NegPerSe]

What is the name of your state (only U.S. law)? CA

So here's the situation. I got into an accident. My insurance company and the other party's insurance company went to intercompany arbitration with regards to property damage, because I contended it was not my fault and the otherside said it was not her fault (liability dispute).

The intercompany arbitration came out and stated I was 100% at fault for the accident, so my insurance company paid for her Property damage. My insurance company did not pay for my property damage since I was at fault, (part of my coverage is I only get reimbursed if the other side was at fault). I understand that it was out of my insurance company's hand as it was arbitration.

However, I do NOT believe I was at fault at all!
1) Can I sue in court for the court to determine liability and recover my out of money expenses to fix my car?

2) If I could sue to recover, and say I win in court, will her insurance company reimburse me even if they won in intercompany arbitration, or is the other side personally liable for my expenses?

Thank You.

 

[ecmst12]

Describe what happened in the accident.

 

[NegPerSe]

Facts of the accident

Here are the facts:

I was northbound on San Luis Avenue, a very narrow street. The other party was parked along the curb, southbound on San Luis Avenue, so we're basically going opposite directions facing each other, except she was parked along the curb. As I was proceeding straight northbound on San Luis Ave., The other side tried to pull out from the curb and struck my car on on my front driver side quarter panel. I tried to swerve to her right to avoid being hit, but due to the street being narrow, and due to there being vehicles parked to my right, I could not avoid being struck by the other side.

Intercompany arbitration said I was at fault. I guess my insurance just gave the arbitraiton people docuemmtns, without the arbitrators hearing any testimony from me. This is why i would like the court to settle liability, to hear my side of what happened striaght from my mouth.

Again, any reply would be helpful

 

[ecmst12]

What evidence do you have that she came onto your side of the road rather then you coming on to her side? Were there any independent witnesses?

 

[NegPerSe]

There are no independant witnesses. The evidences I have are photogrpahs of my vehicle and hers, showing damge to my front driver side quarter panel, but most importantly I have photogrpahs I took at the scene showing a "gauge" mark on the street along the curb.

This "gauge" mark photo is my strongest evidence as it shows that she came from the curb. Becuase I was proceeding straight and she was comming from the curb, I had more momentum and when our vehicles collided and my vehicle pushed her vehicle. As my vehicle pushed her vehicle it left a gauge mar on the street. This gauge mark depicts a "bent L" shape becuase her tires were turned and not straight.

If she was proceeding straight and not starting form the curb, our momentums would be similar and I would not have been ble to push her vehicle, since our vehicles are pretty much the same (both cars and not trucks). Also any marks on the road would not be a "bent L" shape

 

[ecmst12]

I can't think of any reason you couldn't sue, but check with your insurance company first. Your lawsuit won't affect the arb, I don't think, so it is theoretically possible for both you and the other driver to receive payment from each other's insurance. But again, you need to ask your adjuster. It's also possible that the arb was binding on all parties and you CAN'T file suit.