My car accident case went to arbitration where the other party was found 100% at fault. Can they still sue me?
Seattle, WA
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Posted 3 months ago in Car / Auto Accident
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I have insurance, the other party has a lawyer and was threatening to sue unless I said I was 90% at fault. Now that arbitration has found me not at fault can they still sue me and should I be worried.
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Answers (2)Steven L Shaw
This attorney is licensed in Washington.
Posted 3 months ago.
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It's not clear what type of arbitration you participated in, so an accurate response will be difficult to give.
If the arbitration you participated in was referred to as "Mandatory Arbitration," then it was based in a lawsuit, and one of the parties (likely the other party here) requested that it be heard by an arbitrator. Either side can appeal an arbitrator's decision as long as certain rules are complied with, and that puts the matter back in front of the trial court. If the arbitration you participated in was private or by agreement (again, the latter would be odd given your confusion over the process), then the possibility of appeal is dependent on the agreement to arbitrate. Because this was based on a claim for damages from a car accident and the other party probably put the matter into mandatory arbitration, suit was already filed. They were probably hoping the arbitrator would agree with their version of fault. Apparently, the arbitrator sided with you. Once the award is filed with the court, the other side has 20 days to appeal. If you don't receive a copy of that notice of appeal after 20 days, the arbitrator's award is final, and they cannot bring suit again. Lars A. Lundeen
This attorney is licensed in Florida and 1 other state.
Posted 3 months ago.
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Since you are insured, I suggest that you turn over any correspondence from the adverse party to your insurance carrier and ask them to handle it for you. If you are sued, your insurance carrier has an obligation to both defend you and indemnify you for any claim.
Legal Disclaimer: Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received. |