Is Arbitration Right For Your Motorcycle Accident Claim?

The injuries and property damage incurred as a result of a motorcycle accident can be extensive. So naturally, some people assume that the only way to resolve these cases is through a court process. However, there is another legal route for settling a motorcycle accident claim, and it's known as arbitration. If you've been involved in an accident, discover more to see if this option is right for you.

Understanding Arbitration

The most important thing to understand is that arbitration is a legal process, and in some respects, the process is very reminiscent of a traditional trial. However, it does not involve many of the same players as a trial, including a judge or jury. Arbitration also involves a sometimes-lengthy hearing process, in which each party involved in the case has the right to present their argument. In the case of a motorcycle accident, the victim and their attorney and the other party's insurance representation would be involved in the process.

Factors That Must Be Present

Arbitration is only an option in certain instances. Here are some of the factors that must be present for you to proceed with this option. 

Party Agreement

Arbitration can only move forward if there is an agreement amongst all parties involved. For example, if the victim wants to handle the matter through arbitration but the insurance company does not, then the process cannot move forward. Even if the insurance company is pressuring you, if you do not want to handle your case through arbitration, you are not required to. 

Fee Responsibility

For this process to move forward, all parties involved must determine who is responsible for the fees involving the arbitration, including attorney fees. In some instances, the victim will have to pay for the cost of the arbitration from their claim compensation, and in other instances, the insurance company must cover these costs. An attorney can help the victim ensure they are not responsible or these fees. 

Binding vs. Non-Binding

Both parties must also agree beforehand how the findings of the arbitration process will be administered, such as binding or non-binding. With a binding agreement, both parties agree that whatever the outcome of the arbitration is, it will be considered the final decision on the claim. Non-binding arbitrations allow the victim to deny the initial decision and exhaust other legal actions for settling the claim, such as a trial. 

Speak with a motorcycle accident lawyer if you've been involved in a motorcycle accident to learn how you should handle your case. 



Tags:
417 Words

About Me

Injured? The Law Is on Your Side Someone else does something silly. You get hurt and incur thousands of dollars' worth of medical bills, and you're also forced to take a month off from work. It doesn't really sound fair, does it? It's not. But luckily, there is a way you can ensure the responsible party ends up paying for your expenses, and that's by hiring a personal injury attorney. Your attorney can file a civil suit against the person who caused your injuries, so you can get paid what you deserve. Learn more about personal injury attorneys and the work they do right here. When you're injured due to someone else's actions, this information will come in really handy.

Search

Categories

Latest Posts

Vital Legal Services To Anticipate From Your Personal Injury Lawyer
2 July 2021
When you are hurt in an accident, you have a number of legal rights available to you. However, you may not know what those rights are or how to make f

What Can Auto Accident Attorneys Do For People Involved In Car Accidents?
4 June 2021
An auto accident can have devastating consequences for everyone involved. Whether you were one of the drivers involved or simply a pedestrian or bicyc

Who Is At Fault After A Hydroplaning Accident?
19 May 2021
If you are involved in an accident that involves hydroplaning, you might suffer broken bones as a result. Hydroplaning is a problem that occurs during