Arbitration Report Whose Property

[dave1056]

What is the name of your state (Massachusetts)? My insurance company went into arbitration for me concerning an accident i had last June. Though it did not go in my favor, i have asked for the report of the arbitration. My insurance company claims it is their property and don't release it to claimants? Is the report their property an i have no right to view it. I question whether they went to arbitration.

 

[Zigner]

What is the name of your state (Massachusetts)? My insurance company went into arbitration for me concerning an accident i had last June. Though it did not go in my favor, i have asked for the report of the arbitration. My insurance company claims it is their property and don't release it to claimants? Is the report their property an i have no right to view it. I question whether they went to arbitration.

You don't have any inherent right to view it. Furthermore, it really doesn't matter if they went to arbitration or not.

 

[adjusterjack]

What is the name of your state (Massachusetts)? My insurance company went into arbitration for me concerning an accident i had last June. Though it did not go in my favor, i have asked for the report of the arbitration. My insurance company claims it is their property and don't release it to claimants? Is the report their property an i have no right to view it. I question whether they went to arbitration.

I'm confused. Weren't you a party to the arbitration? Present at the proceedings?

If no, was it between your insurance company and the other driver's insurance company regarding your insurance company's subrogation rights after your insurance company paid for your damage?

If yes to that question, then provide some details about how the accident happened and I might be able to make some helpful comments.

Just understand that there is nothing in your policy that obligates your insurance company to provide you with arbitration documents if you were not a party to the arbitration.

 

[dave1056]

I was not present at the proceeding. It appears to be this:

If no, was it between your insurance company and the other driver's insurance company regarding your insurance company's subrogation rights after your insurance company paid for your damage?

My concern is if they ever went to arbitration at all. I was told by one of their associates that there was nothing on my claim to indicate arbitration on the first page of the claim - possibly a stamped indication? . My adjuster said it was written in the notes of the claim and specified the date of the arbitration. I only have his word. It took 4:weeks for him to respond to my phone calls. And surcharge notice 3 months.

 

[Zigner]

I was not present at the proceeding. It appears to be this:

If no, was it between your insurance company and the other driver's insurance company regarding your insurance company's subrogation rights after your insurance company paid for your damage?

My concern is if they ever went to arbitration at all. I was told by one of their associates that there was nothing on my claim to indicate arbitration on the first page of the claim - possibly a stamped indication? . My adjuster said it was written in the notes of the claim and specified the date of the arbitration. I only have his word. It took 4:weeks for him to respond to my phone calls. And surcharge notice 3 months.

We're obviously talking about a subrogation matter. Let's say you find out that they didn't actually do arbitration (which is unlikely). What do you hope to accomplish with that information?

Please explain the circumstances of the accident...

 

[dave1056]

I was sideswiped by a freighter on a major highway slamming into the driver side door. I was driving on the right-hand side lane. It was a direct hit. Police report found me at fault although my claim adjuster and his supervisor believed me and stated that they were going to go into arbitration over my accident. The reason I question whether they went into arbitration is because I I could not get my adjuster to answer a phone call. I had to call 3 times and then talk to a member of his team. She told me there was nothing on the claim to indicate that they were going into arbitration. While my adjuster eventually got back to me and claimed that they did on September 7th, all I have is his word. When questioned as to where in the report it says that they were going to go into arbitration, my adjuster said it was in the notes of his report.If I were to get ahold of the arbitration report, I would have proof that they went into arbitration. If they did not go into arbitration then I would want to sue them for the amount that my insurance would go up over the six years in small claims court. However, it seems to be of the opinion that it is highly likely that arbitration subrogation took place. Please forgive the lengthy explanation and I appreciate your thoughts.

 

[adjusterjack]

Your insurance company has the right to subrogate, not the obligation. Whether your claims people went to arbitration and lost or didn't go and were convinced that you were at fault doesn't change anything.

You'll be wasting your time and money suing your own insurance company for the surcharge because your insurance company didn't violate any duty to you.

What your option is, is to sue the other driver and you prove in court that he was at fault and get a judgment against him. That reverses the surcharge and gets the other driver's insurance company to reimburse your insurance company.