14 years ago

Does it, or does it not matter what side files for arbitration first in most accident cases?

Does it mean anything when another company files for arbitration first? Is that a sign that they are scared or maybe they feel their party is not resposible? My insurance (Allstate) and I believe that the accident is 100% the other parties fault and that the other insurance company (American Family) filed for arbitratiion. The other party turned left in front of me on a yellow and I was going through the intersection because I didn't feel I could come to a safe stop.
Top 1 Answers
14 years ago
fighting saints
Favorite Answer
There is no advantage, in relation to who wins, by being the first company to win. I doubt American Family is scared, this is probably just a case of the company who does files arbitration for them wanting to get the file moving. That's all. I am an arbitration panelist who makes decisions regarding who wins for these cases. There is no advantage to filing the arbitration first (called the Applicant). Many adjusters, including myself feel there is an advantage to the company who files second (called the Respondent). Now keep in mind that this advantage is only in the fact that the company who files second has already received a copy of the first company's arguments (called contentions). It gives the second company a chance to see the first company's arguments for a longer period of time and prepare better contentions by refuting the first company's arguments. Depending on what state you are in and the impact points on the cars, odds are that you will not get 100%, but I really don't have enough info on your accident to tell you for certain. Good Luck