Generally, car accident arbitration proceedings are faster than a jury trial, with most cases being resolved within a few months. However, if your case involves disputes or is otherwise complicated, it might take a little longer.
While arbitration is intended to be faster than litigation, the timeline depends on the complexity of the accident, the number of parties involved, and the schedule of the arbitrator. Additionally, the willingness of the parties to negotiate and reach a settlement can impact the speed of the arbitration process.
If you’ve been injured in a crash, contact us for a free consultation with an Atlanta car accident lawyer, or keep reading to learn more about the arbitration timeline.
What Is the Arbitration Timeline?
When you’re facing a growing stack of medical bills and lost income from missing work, you may wonder how much longer you have to wait for a settlement.
The timeline for arbitration following a car accident may vary, but it typically adheres to the following schedule:
- Up to 60 days: The request is initiated, and the parties select the arbitrator.
- 60 to 90 days: Over the next three months, all involved parties will engage in information exchange and preparation for the impending hearing
- 91 to 100 days: The arbitration hearing, lasting one day or several, will take place at this juncture.
- Days 101 and beyond: The arbitrator will render a decision.
The duration of arbitration for a car accident case can vary depending on the specifics of your case. An Atlanta personal injury lawyer can explain these variations and offer insights into maximizing your compensation.
What Is Car Accident Arbitration?
Car accident arbitration is a legal proceeding during which both the insurance company and you, the victim, present information related to the claim. This information is submitted to a neutral third party, known as an arbitrator. In binding arbitrations, the decisions rendered by the arbitrator hold legal weight and are not subject to later appeals.
This dispute resolution option offers advantages, notably a faster decision. In certain situations, arbitration proves to be a more cost-effective option than pursuing a court case. Initiating this process involves requesting arbitration, typically when negotiations reach an impasse, and the claims adjuster is unwilling to modify the settlement offer.
While the insurance company cannot mandate arbitration, they may suggest it under certain circumstances. Similarly, you cannot force the insurance company into arbitration; you can simply communicate your unwillingness to settle and send them a written arbitration request.
Preparation Phase
The next phase involves gearing up for the process, which entails appointing an arbitrator to assess the car accident claim.
Arbitrators are often seasoned judges or attorneys who may have transitioned from courtroom practice. The chosen professional will oversee the entire process, including rendering the final decision. It’s crucial to choose someone with a reputation for fairness and high moral standing.
Once the arbitrator is selected, you must exchange information and documents with the insurance company. Additionally, you must furnish details regarding the arbitration agreement timeline. The insurance company has the right to thorough preparation, during which they’ll work to assemble evidence that challenges your case.
The Hearing
Typically, the hearing takes place with both parties in the same room so the arbitrator can hear both sides of the story and engage in a back-and-forth conversation.
Throughout this phase, you and your attorney will undertake various responsibilities, including:
- Delivering an opening statement outlining the incident and your claim.
- Presenting witnesses who can provide additional insights into the events or the issues under dispute with the insurance company.
- Submitting any supplementary evidence specifically supporting your claim.
- Observing and responding to the insurance company’s perspective and remaining prepared for interaction when questioned.
- Formulating a closing statement.
While these hearings usually wrap up within a few hours, they might take longer if the arbitrator requires additional information, occasionally spanning several days. Disregard statements like “final offer” on settlements, as there may still be opportunities to secure more compensation.
The Decision
In the end, receiving the decision from the arbitrator may take time. It’s not something that typically occurs within a day or so but rather over a week or two. The arbitrator’s award will explicitly outline the decision along with the rationale behind it.
Schedule a Free Case Evaluation Now
As you familiarize yourself with the arbitration process and its timeline, you may feel overwhelmed and unprepared. However, our legal team is ready to assist you. We can help you gather key evidence, such as the police report, witness statements, and your medical records, and prepare you for the arbitration hearing.
In some scenarios, pursuing a lawsuit might be the only way to obtain a fair settlement. Reach out to our Atlanta car accident law firm to discuss the details of your case. There is no risk to you, and whichever form of dispute resolution is your best option, we are here to guide you through it.
Reach out to us for a free case evaluation by contacting our office today.
