Jack: You can hire an investigator and the investigator would see if there were any cameras and any eyewitnesses. You try to look at the nature of the damage to see if that helps in determining fault. If the insurance company doesn’t agree with you that the accident was their insured’s fault, sometimes we will go forward with interoffice arbitration.
The Two Parties Insurance Companies Arbitrate to Determine Fault
The two insurance companies arbitrate to determine fault, and that’s for the purpose of getting reimbursement. Your company would be looking to get reimbursed for the property damage that they would have paid and trying to get their insured’s deductible back. Arbitration is one option when there’s a dispute. By ruling one way or the other, both parties receive guidance on whose fault the accident really was.
Interviewer: So personal injury case don’t always have to be settled in a courtroom. Do you, as the attorney, have the ability to meet with the insurance company and give your input during that arbitration process?
Jack: The two insurance companies arbitrate it the issue and the arbitrator will decide whose fault the accident was, whether it was 100% one or the other parties or 50/50.
Attorney O’Donnell May Use the Arbitrator’s Ruling to Determine the Viability of a Personal Injury Case
I oftentimes rely on that information as to whether or not to proceed. If my client is found to be 100% at fault, it would be kind of ridiculous to proceed, unless I have uncovered other information that convinces me otherwise.