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How often does a defendant car insurance appeals arbitration decisions? Is it 30 business days or weekend including? Thank you

Wayne, NJ |

i was hit in the rear, defendant said she was diverted from the road in the police report. I had an attorney throughout the whole case, arbitrator told me in arbitration i won the case. I left the room and kind of heard the defendant' car insurarer not agreeing with the arbitrator's decision(moneywise). My lawyer left the room then she went after him to talk to him about the case i believe so and didnt seem like she was too happy about it. I'm been paranoid about it for the past days about this. I was under my parents car insurance policy during that time. No job just school . Medical records show i have a disc hernation. Your expertise will help me calm down for the rest of the days left from the appeal timeframe of the arbitration.

Attorney Answers 6


  1. Best answer

    Unfortunately, in New Jersey, most insurance companies DeNovo (reject/appeal) the arbitration award. It is 30 days including weekends. If your parents policy selected the Limitation of Lawsuit threshold (Tort/verbal) it is more likely the award will be rejected by the carrier. Call your attorney and ask her about your options. There are some things that she can do to push the carrier, like filing an offer of judgment. If it is rejected, your matter will get listed for trial in typically 6-8 weeks. Make sure your attorney is prepared to try the case-that is the best way to get the insurance company to act.


  2. You should calm down anyway. If they choose to appeal there is nothing you can do to avoid that, if not, then there is nothing to worry about. Consult with your attorney, he should still be able to advise you as to what to expect.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  3. Insurance companies in NJ appeal over 90% of the arbitration awards. You are not in good hands nor do they treat you like a good neighbor. They are dishonest and try to cheat injured people. You have to fight back by taking the case to trial if necessary. Speak to your attorney about it.

    This answer is not a substitute for legal advice. You are advised to consult an attorney for legal advice. This answer does not create an attorney client relationship.


  4. I agree with the other NJ licensed attorneys. Arbitrations in NJ are little more than weak "Settlement Conferences" without even the benefit of the judge who will preside over a jury trial to pressure the insurance company to settle.

    Rarely are arbitration awards not appealed even where the arbitrators are very experienced trial attorneys themselves and the arbitrator who primarily does defense work agrees that the case should be settled. As stated, relax, since there is little you can do about it any way.


  5. Almost every case is appealed by the defense insurance company - it is so common that if they didn't reject it - it would likely be an indication that the amount awarded was too low. Don't let it bother you - you have hung in there this long, that I wouldnt be concerned about them rejecting an arbitration award. Good luck.

    Each case is fact senstive, so all answers should be viewed as general advice only, and should never replace a thorough and in depth consultation with an experienced attorney. Further, an answer should not be seen as establishing an attorney-client relationship.

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