• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

binding arbitration

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

mrfaust

Guest
In Oct 1999 I was rear ended and had no insurance. The other driver's insurance company has been pursuing me for first $4900 (100% damages), then dropped the amount to 75% of damages. I requested, in writing, binding arbitration, to which they sent the following reply: "In response to your request for binding arbitration, it is not our postition to enter into Binding Arbitration when liability is comparative. Also, it is expensive to hire a mediator to hear the case. We do feel you are liable for this loss and are willing to accept 75% payment to resolve this claim." I have already taken advice given by attorneys to request arbitration, to no avail. My stance on this remains the same: she hit me due to driving unsafe speed/folowing too closely (according to the police report); the fact that I had no insurance should not automatically make me liable for damages (my license is already suspended, which I have accepted), at least not as much as they say I should pay. I believe that since this insurance company has a monetary interest, of course they are going to automatically find me responsible and want me to pay. From the sound of the letter and conversations we have had, I get the feeling that they don't want this to go any legal route because they will lose. So now what do I do?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by mrfaust:
In Oct 1999 I was rear ended and had no insurance. The other driver's insurance company has been pursuing me for first $4900 (100% damages), then dropped the amount to 75% of damages. I requested, in writing, binding arbitration, to which they sent the following reply: "In response to your request for binding arbitration, it is not our postition to enter into Binding Arbitration when liability is comparative. Also, it is expensive to hire a mediator to hear the case. We do feel you are liable for this loss and are willing to accept 75% payment to resolve this claim." I have already taken advice given by attorneys to request arbitration, to no avail. My stance on this remains the same: she hit me due to driving unsafe speed/folowing too closely (according to the police report); the fact that I had no insurance should not automatically make me liable for damages (my license is already suspended, which I have accepted), at least not as much as they say I should pay. I believe that since this insurance company has a monetary interest, of course they are going to automatically find me responsible and want me to pay. From the sound of the letter and conversations we have had, I get the feeling that they don't want this to go any legal route because they will lose. So now what do I do? <HR></BLOCKQUOTE>

My response:

You have ZERO liability, if your factual statements are accurate. Inform them that you want their legal analysis and theory of your liability (with cites to Case and Statutory law), and not merely their "conclusion" that "you are liable." Further, if they are unable to tell you their legal theory for your alleged liability within 10 days from the date of your letter, you will consider the matter closed, or in the alternative, that they intend to sue you and give their "theory of liability" to a judge.

Let us know what they do.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
M

mrfaust

Guest
Thank you, I am writing them a letter now and hope this will be the end of it. I get the feeling that they know it isn't going to fly, but are hoping I'll just pay. I will keep you posted on the results.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top