Help with next legal step in either sueing or getting arbitration happening with un

[MichaCA]

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

I need help, which is asking a lot because the wreck was in NC and I have learned each state has its own legal procedures.

The wreck was over 3 years ago. The statute was up Aug. 5, 2009. However, I filed a Motion to Compel Arbitration and STay Proceedings, which got filed and served before Aug. 5.

I am doing this without an attorney so far. The reason: I got the limit of the drivers liability which was $30,000. As I was a passenger in my dads car, and suffered injuries and loss - still have an ongoing medical case - I began negotiating with my fathers insurance as the underinsured claim. Their limit is $100,000 - $30,000 (primary ins. payment) so its $70,000.

I doubt I am eligable for $70,000 however know I am eligable for more than $5,000 the underinsured agent offered me. Then he changed it to $15,000. Not acceptable. I am holding out for much more than that based on current expenses and possible surgery in the future.

My Question:
The court has not stamped a date for an arbitration hearing on the papers I filed with the court. I do not know what additional action I need to take to initiate a court date. The insurance guy is still talking to me - past the statute - so I know I didn't screw everything up.

One step I may need to take is simply to request the insurance guy sign a form with me that is a consent to arbitration, and I think THAT sets a court date. So I need to just ask him.

Barring that, I didn't know if someone would just happen to know what my next step would be here. (Note: I am familiar with the timelines of when I need to have what information submitted to whom as far as the settlement details go)

Thanks for any possible help or sources to look at.

 

[ecmst12]

I would have advised you to get a lawyer about 2.5 years ago. Probably too late for that now.

 

[sandyclaus]

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

I need help, which is asking a lot because the wreck was in NC and I have learned each state has its own legal procedures.

The wreck was over 3 years ago. The statute was up Aug. 5, 2009. However, I filed a Motion to Compel Arbitration and STay Proceedings, which got filed and served before Aug. 5.

I am doing this without an attorney so far. The reason: I got the limit of the drivers liability which was $30,000. As I was a passenger in my dads car, and suffered injuries and loss - still have an ongoing medical case - I began negotiating with my fathers insurance as the underinsured claim. Their limit is $100,000 - $30,000 (primary ins. payment) so its $70,000.

I doubt I am eligable for $70,000 however know I am eligable for more than $5,000 the underinsured agent offered me. Then he changed it to $15,000. Not acceptable. I am holding out for much more than that based on current expenses and possible surgery in the future.

My Question:
The court has not stamped a date for an arbitration hearing on the papers I filed with the court. I do not know what additional action I need to take to initiate a court date. The insurance guy is still talking to me - past the statute - so I know I didn't screw everything up.

One step I may need to take is simply to request the insurance guy sign a form with me that is a consent to arbitration, and I think THAT sets a court date. So I need to just ask him.

Barring that, I didn't know if someone would just happen to know what my next step would be here. (Note: I am familiar with the timelines of when I need to have what information submitted to whom as far as the settlement details go)

Thanks for any possible help or sources to look at.

So you filed a Motion to Compel Arbitration and Stay Proceedings prior to the August 5 statutory deadline. If the filing was accepted by the court, then the court would have scheduled some kind of motion hearing long before now to address that issue. When was that hearing scheduled and held, and did you appear for the hearing?

(HINT: If you never got notice of a hearing, it probably didn't happen - and given that the last filing in your case took place over 3 years ago, your case may well have been long ago dismissed for lack of prosecution... You need to check with the court FIRST to verify the status of your case and whether or not it is even still active.)

 

[ecmst12]

I'm guessing that's a typo and the accident was in 2009 so the SOL would have run out this year.

 

[sandyclaus]

I'm guessing that's a typo and the accident was in 2009 so the SOL would have run out this year.

That's entirely possible, but until we hear back to confirm, I'm going with the 2009 end on the SOL.

 

[MichaCA]

That's entirely possible, but until we hear back to confirm, I'm going with the 2009 end on the SOL.

Hi,
Thanks for responding to my question.

The accident was in 2009. I filed the compel arbitration/stay proceedings in August 2012, BEFORE the statute was up, and it was indeed given a file number. Thats all I got, the file number. Since it was so recently, I didn't know if they needed a few weeks to schedule. They would give me notice of a hearing, right?

The courthouse is in Brunswick Co., NC

The court clerks won't give me any information (I understand).

I will make some calls today.