This is related to a previous posting I had regarding "shopping around for insurance while a claim is in subrogation".
After almost 10 months, the case is finally closed and abritration results were in favor of our insurance company. We paid for car rental for the first 7 days (approx $200) while our vehicle was in the shop. I sent in the rental bill to the other party's insurance company after we were notified that the case has been ruled in our favor (deductible refunded).
Today, I got a reply from the other insurance company that they feel that the result of the arbitration was in error so they feel that they do not owe us any money. (I'll post the exact wording, I don't have the letter handy)
My question... is this something I can take to small claims court or am I just putting myself up for grief and frustration? I've never done small claims court before.
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switch to 'Classic' viewSubrogation in our favor but other party insurance doesn't want to pay our car rental claim
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reybie
Broke Member - Nov. 25, 2005 @ 3:14p
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Quick Summary
view history - Nov. 25, 2005 @ 3:14p
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svallarian
Senior Member - Nov. 25, 2005 @ 4:15p
Now you see why arbitration sucks. You're not in a court of law, so the companies just "agree" to hold themselves accountable, but in reality it's not binding...only if they win.
Of course, nowadays, what can you do??
Small Claims isn't a bad idea, you should win no problem as long as you have good documentation, but good luck getting them to pay up even with a judgement against them. Of course, it IS quite time consuming.
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reybie
Broke Member - Nov. 25, 2005 @ 4:40p
Small Claims isn't a bad idea, you should win no problem as long as you have good documentation, but good luck getting them to pay up even with a judgement against them. Of course, it IS quite time consuming.
The only solid documentation I have is a police report stating that a vehicle (#3) hit my wife's car (#2) and got pushed into a car (#1) waiting to make a left turn.
Now, car #1's driver claims she got hit by #2 first before #3 hit #2. Will either insurance company provide me with copies of statements they obtained from all involved?
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guzzini
Senior Member - Nov. 25, 2005 @ 8:25p
u mean if u win in small claims court your opponent doesnt have to pay u...
wouldnt the court make sure that u get your money if u win...
why would anyone go to court then...
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didYOUsearch
Cranky Member - Nov. 25, 2005 @ 8:32p
nope, courts arent in the business of collections.
a large portion of people who win their small claims case never collect on the judgnment.
post at freeadvice.com for more assistance.
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didYOUsearch
Cranky Member - Nov. 25, 2005 @ 8:33p
After almost 10 months, the case is finally closed and abritration results were in favor of our insurance company.
Today, I got a reply from the other insurance company that they feel that the result of the arbitration was in error so they feel that they do not owe us any money.
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LH2004
Frivolous Member - Nov. 25, 2005 @ 10:59p
Of course, nowadays, what can you do??
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geo123
Senior Member - 3K - Nov. 26, 2005 @ 10:03a
Yes, but it also depends on whether the arbitration was binding or non-binding. If non-binding arbitration was used, the final decision was advisory is nature and does not bind the parties.
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expert5186
Senior Member - Nov. 26, 2005 @ 10:10a
I would sue the individual and the insurance company in small claims court, for the amount of the rental car + court fees. your key exhibit is the arbitration agreement and copy of the settlement from the other insurance company paying the claim but not paying the rental car.
they will likely settle well before the court date because the insured driver will freak out that they have to miss work for the court hearing etc. it will all be handled likely by a tiny district justice office somewhere. There really isn't any harm in this that I can see. If the driver didn't have insurance, then maybe, because a judgment against an individual is often not enforced. However a judgment against a corporation or insurance company would be paid within whatever time frame stipulated by the court once it was faxed or mailed certified letter to them.
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geo123
Senior Member - 3K - Nov. 26, 2005 @ 10:27a
What is the theory you would use to recover court costs? You do not get to recover ANYTHING unless you have a statutory or a common law basis that authorizes such recovery.
Both documents are likely to contain confidentiality clauses that would prevent the OP from using the documents in subsequent court proceedings. Further, depending on the way the arbitration was conducted (parties often stipulate that arbitrations are conducted by "streamlined" proceedings, which means that the rules of evidence are relaxed, etc...), a non-binding arbitration award would have very little, if any, influence on the court.
Most importantly, in many parts of the country small claims awards can be appealled on the de novo basis, so that such an award would not help the OP in the least.
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drobins9
Member - Nov. 27, 2005 @ 8:16a
The arbitration service used by almost all major insurance companies (Arbitration Forums) is binding. They might be waiting to hear back from AF to confirm whether or not the decision was in error. You should call them and check. If AF decides they need to pay, they need to pay, and there usually are not any issues with that.
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reybie
Broke Member - Nov. 27, 2005 @ 10:52a
After almost 10 months, the case is finally closed and abritration results were in favor of our insurance company.
Today, I got a reply from the other insurance company that they feel that the result of the arbitration was in error so they feel that they do not owe us any money.
I have not asked my insurer for assistance yet, first thing I did when I saw the letter was to check at FW
Anyways, I'll give them a call monday and see.
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nickmckinney
Ancient Member - Nov. 27, 2005 @ 11:16a
After almost 10 months, the case is finally closed and abritration results were in favor of our insurance company.
Today, I got a reply from the other insurance company that they feel that the result of the arbitration was in error so they feel that they do not owe us any money.
I have not asked my insurer for assistance yet, first thing I did when I saw the letter was to check at FW
Anyways, I'll give them a call monday and see.
Call your state insurance commission and ask about filing a "Bad Faith" claim for negligence on the insurance company itself. Its amazing how quick insurance companies are to fix obvious problems after this.
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reybie
Broke Member - Mar. 3, 2006 @ 9:20a
Update:
As the previous poster had suggested, I contacted the AZ Department of Insurance. They have a fax number and a standard form to send in a "request for assistance". I faxed in my statement of facts last week around thursday or friday with all the documentations I received from both our insurance company and the other party.
I got a confirmation postcard last Tuesday with a person's name at the department assigned to my request for assistance. Wednesday, I got a voicemail from the team supervisor of the other party's insurance company that handled our claim. Thursday I returned the call ready for an argument about my "case". I was pleasantly surprised how the conversation went.
In the end... we will get back $150 for all my faxing effort
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