Need advice Insurance sending claim to arbitration

[cvargo]

So last month my wife and I were involved in a car accident in our 2015 Honda CR-V. We had our 1 year old son in the car as well. Thankfully we are all okay, and have sustained no longterm injuries.

Our car was fixed very promptly by our insurance, and the other driver that hit us was cited, and while speaking to my insurance he admitted that the accident was his fault.

I was making a U-Turn and had my left blinker on, while in the 'suicide' lane he t-boned me and caused damage to bothe drivers side doors. Thankfully no frame damage. And the bill was a little over $6,000 to fix the car.

My insurance has determined that I am 0% responsible for the accident according to my statement, the other driver's statement, and the police report in which the other driver was cited for following too close.

When my insurance sent the information to the other insurance company. The other drivers insurance is claiming the accident is my fault because I was making an Illegal U-turn. But the police report says I was making a legal u-turn. Also I find it weird that the other insurance company has not contacted me.

So now my insurance is sending the claim to arbitration. What is this process? and is there anything else that I should be doing?

 

[Alejandro Salemandro]

Hmmmm. Based on that,I would say the evidence is in your favor. The other insurance co probably is just hoping for a settlement from your company.

I believe you have legal defense included in your insurance. Call your insurer and see what they have to say. Don't call the other company.

 

[hydro-magic]

Let your insurance company take care of this. That's what you pay them for.

 

[Orville]

Let your insurance company take care of this. That's what you pay them for.

This . . . with a BUT. Your insurance carrier is going to be looking out for THEMSELVES as much if not more than they will be looking out for YOU. They may decide that it is cheaper to settle for some figure that does not make you whole (ie you may have some costs). If that is the case, be prepared to call a lawyer and sue. All evidence SEEMS to indicate you are not in any way at fault for this, so why should you be out any $$$.

 

[jpakstis]

Like everyone else has said, I wouldn't be concerned unless there comes a time to be concerned. Insurance is regulated state-by-state (I assume you are in Utah?) but for the most part it is one of the most regulated industries in the country, so there is very little wiggle room or a loophole to be exploited. What it sounds like to me is that the insurance companies are fighting over subrogation, i.e. that your insurer is requiring that the other driver's insurance pay costs. Obviously their insurance is denying responsibility but arbitration will look at all the facts. Do you happen to know if arbitration is binding?

Its also not uncommon for the other insurance company not to contact you since it seems like just about all the facts are known at it this point.

 

[cvargo]

Like everyone else has said, I wouldn't be concerned unless there comes a time to be concerned. Insurance is regulated state-by-state (I assume you are in Utah?) but for the most part it is one of the most regulated industries in the country, so there is very little wiggle room or a loophole to be exploited. What it sounds like to me is that the insurance companies are fighting over subrogation, i.e. that your insurer is requiring that the other driver's insurance pay costs. Obviously their insurance is denying responsibility but arbitration will look at all the facts. Do you happen to know if arbitration is binding?

Its also not uncommon for the other insurance company not to contact you since it seems like just about all the facts are known at it this point.

I was told that Arbitration is binding for the Insurance company, but doesn't take away my right to go to Civil Court

 

[jpakstis]

I was told that Arbitration is binding for the Insurance company, but doesn't take away my right to go to Civil Court

That's what I thought it would be. The arbitration is only an "action" between the insurance companies and is basically a battle over who will pay to make sure you are whole again. Despite not knowing the intricacies of your state's insurance laws, just about every state's laws are designed with making the not-at-fault party whole.