What It Means When a Car Accident Claim Goes to Arbitration

One way of settling a car accident claim without going to trial is through arbitration. Through arbitration, the case outcome is decided by one person, the arbitrator, rather than a 12-person jury, and the process can potentially be completed in a day. While arbitration saves time and costs less than a trial, it is important to know how it can affect your settlement. 

A car accident lawyer from John Foy & Associates will review your case and help you decide if arbitration is the right option for you. If it is, we will provide you with skilled representation throughout the process.

What “Going to Arbitration” Means

For car accident claims, going to arbitration is typically a voluntary move. Suppose the at-fault party’s insurance company refuses to offer a fair settlement during negotiations with your car accident attorney. In that case, arbitration may provide a way to reach a settlement out of court.

The arbitrator must meet Georgia’s qualifications. During the arbitration proceedings, they will listen to each side and make a decision regarding the case’s outcome. The arbitrator’s job is not to get both sides to agree on a settlement but to listen to the arguments and evidence presented by each side and make a settlement decision.

Understanding the Arbitration Process

For a claim to go to arbitration, both sides must agree it is the route they want to follow. They must also agree on the arbitrator. The insight an experienced car accident attorney has to offer for this selection is invaluable. 

Your attorney will ensure the arbitrator is a neutral third party, with no biases toward the defendant or of defense positions as a whole.

Hearing Each Side

Arbitration is like a less formal, private trial with the arbitrator serving as a judge. During the arbitration session, your attorney has the opportunity to:

• Present an opening statement providing an overview of the case
• Offer your “side of the story,” telling of the events leading to the accident and injuries
• Provide evidence
• Call on witnesses to offer testimony on your behalf
• Call family members or caregivers to testify how the accident has affected your life
• Call on you to testify on your situation
• Cross-examine witnesses testifying for the defense
• Offer a closing argument

The defense will have the same opportunities to make an opening statement, call or cross-examine witnesses, offer evidence, and present a closing statement.

The Decision

The arbitrator will likely need time to review the information provided by each side. Depending on the complexities of the case, this review can take hours or days. Typically, arbitrators render decisions within several days of the arbitration session.

When arbitration is “binding,” the arbitrator’s decision cannot be appealed. If arbitration is “non-binding,” the arbitrator’s decision is not enforceable by law and may be seen as advisory. The parties can reject the decision and take the case to trial. 

Differences Between Arbitration and Litigation

Litigation involves taking your case through the court system and, unless an out-of-court settlement is reached before the established trial date, having a jury decide the case outcome. Arbitration avoids going through the court system. Specific differences between arbitration and litigation include:

• Time: Arbitration is a more efficient process. A trial must follow more extensive rules and formalities and allows more opportunity for objections and cross-examinations.
• Deciders: One arbitrator (though some cases allow for a panel of three) decides the outcomes of a claim. In a jury trial, a 12-person jury makes the decision.
• Standards: The standards of evidence are more relaxed in arbitration than in a trial. For example, an arbitrator may allow hearsay to be entered as evidence.
• Discovery: Before a trial is heard in court, there is a discovery period during which each side must disclose evidence to the other. Arbitration has less strict requirements, meaning you and your attorney may not see the other side’s evidence until the day of arbitration, and vice versa.
• Cost: Arbitration is far less expensive than litigation.

How a Car Accident Lawyer Will Help You in Arbitration

Before going to arbitration, you need to be sure that doing so is the right move for your case. The car accident lawyers from John Foy & Associates have decades of experience handling car accident claims. After reviewing your case, your attorney will present you with the best option.

While no attorney can predict the outcome of a trial or arbitration, their understanding of each process and your case will allow them to see the pros and cons of each possibility. For example, while juries often make emotion-informed decisions, arbitrators do not. If your case makes you especially sympathetic, you may not want to lose that advantage.

On the other hand, arbitration is much less stressful than a trial and brings a faster, less costly result. 

“High-Low” Agreement

If your case is not particularly strong, arbitration may be a better option as it brings a better chance of recovering at least some compensation. Arbitration also offers the possibility of entering proceedings with a “high-low agreement.” 

Under this agreement, both parties consent to a minimum and maximum payment. No matter who the arbitrator sides with, you cannot receive less than the minimum or more than the maximum.

There are many factors to consider when deciding whether to go to arbitration and having a skilled car accident lawyer help you with that decision puts you in the best position to see a favorable outcome. 

Arbitration vs. Mediation

Arbitration and mediation are both forms of “Alternative Dispute Resolutions” (ADRs) used in the State of Georgia to facilitate car accident claim decisions. However, in mediation, a mediator helps both sides come to a settlement agreement through compromise. In arbitration, the sides present their positions to the arbitrator, but the arbitrator alone decides the outcome without additional discussion with either side. 

The Strong Arm Will Present a Strong Case

A car accident lawyer who understands your needs and the arbitration process is who you need representing you when your car accident case goes to arbitration. Connect with the Strong Arm of Georgia by visiting John Foy & Associates’ contact page today. Your attorney will listen to you, building and presenting a strong case so you can receive the settlement you need to recover.