Insurance companies and injury victims sometimes disagree over matters such as coverage availability or a claim’s value. When that happens, they may submit their dispute to insurance arbitration, which can provide a lower-cost and quicker alternative to traditional court litigation. Given the number of claims disputes insurance companies face each year, insurers typically prefer to resolve them in arbitration.
Here’s what to expect in an insurance arbitration so that you can better pursue the compensation or benefits you need after a loss.
When to Consider Insurance Arbitration in Portland
In some cases, you may get into a dispute with an insurance company over a benefits claim. Insurance arbitration can allow you to resolve disputes with an insurer in a speedy, less expensive method.
Situations when you may consider pursuing insurance arbitration include:
- When the insurance company denies your claim – You might pursue arbitration after the insurance company outright denies an insurance claim. Insurers deny claims for various reasons. They may determine that a claim falls outside the scope of coverage, their policyholder isn’t at fault, or there wasn’t enough information to evaluate the claim. After exhausting the insurance company’s internal appeals process, you might try resolving a coverage dispute by pursuing insurance arbitration.
- When the insurance company pays less than you expected to receive – Insurers and claimants sometimes have disputes over the value of a claim, especially ones involving severe injuries. Parties may agree to submit their dispute to an arbitrator to determine the fair value of the claim.
Arbitration may offer several benefits over traditional court litigation, including lower costs, quicker resolution, and confidentiality. However, when considering insurance arbitration to resolve a dispute over a claim, some limitations may make it less attractive than traditional litigation. Your personal injury attorney can help determine if arbitration would benefit your case. Arbitration may be required if you’re claiming less than $50,000 in damages, though.
The Insurance Arbitration Process in Portland
Though it can be quicker than the personal injury lawsuit process, there are still several steps involved with arbitration in Portland:
Serve Demand for Arbitration
The insurance arbitration process begins when one party serves a demand or the court refers the case for mandatory arbitration. If it isn’t required, both sides in a legal dispute must agree to arbitration.
Choose an Arbitrator
After agreeing to arbitrate and serving a demand for arbitration, the parties must also select an arbitrator.
Go Through Pre-Hearing Procedures
Once the parties have selected their arbitrator, the arbitration proceeds to the pre-hearing stage, in which the parties engage in discovery. Discovery involves exchanging evidence and deposing witnesses to present all the facts of the case and narrow down the issues in dispute for the arbitrator to resolve at the hearing. Arbitrations typically use more informal and streamlined pre-hearing procedures and rules than traditional court litigation.
Present to the Arbitrator
The arbitration hearing proceeds like a trial. The parties take turns presenting opening arguments, evidence, witnesses, and closing statements. They can also cross-examine each other’s witnesses.
Get the Arbitrator’s Decision and Enforce It
After the parties have presented their cases, the arbitrator will consider the evidence and legal arguments and issue a written decision. Once the arbitrator issues their decision, either party (though usually the winning party) can enforce the award by filing an action in court to confirm it. Confirming the award gives the party a court judgment they can use to pursue enforcement actions. A losing party may also appeal the decision and get a new trial.
What to Expect During Insurance Arbitration in Portland
Insurance arbitration can involve high stakes, such as in cases involving catastrophic injuries or permanent disabilities. However, arbitration typically has a more informal atmosphere than traditional court litigation. Arbitration proceedings usually take place in an office space or conference room. Parties attending insurance arbitration hearings include:
- The insurance company’s attorney and company representatives
- The claimant and their attorney
- The arbitrator
- A court reporter who will transcribe the hearing
- Any witnesses who testify during the hearing
During the arbitration hearing, the arbitrator takes the role of the judge and the jury. They may ask questions of both parties, their counsel, or witnesses. The arbitrator rules on motions or requests made by the parties before and during the hearing, such as requests for additional discovery or motions to exclude various evidence or witnesses from the arbitration.
The arbitrator also considers the evidence and legal arguments presented by the parties to issue a decision resolving the dispute. As a result, parties can give themselves the best chance of success in an insurance arbitration by presenting a compelling case backed by substantial evidence, witness testimony, and thorough citations to case and statutory law. A skilled personal injury attorney can build the solid case needed to stand up in arbitration.
How an Insurance Arbitration Attorney Can Help You
When you agree to arbitrate a claim dispute with the insurance company, you can expect the insurer to have legal counsel. You can best protect your rights and interests by hiring an insurance arbitration attorney to represent you.
An experienced lawyer can guide you through the arbitration process and help you present the strongest case possible. When you hire a personal injury attorney for an insurance arbitration, they can assist you and advocate for your interests by:
- Determining whether mandatory arbitration applies to your claim dispute or if it would be helpful in your case
- Investigating your claim to secure evidence necessary to build a compelling case, including photographs, bills, estimates, receipts, and witness statements
- Preparing you for what to expect in insurance arbitration and explaining the process
- Submitting a demand for arbitration or filing initial pleadings in an arbitration
- Handling pre-hearing proceedings, including discovery
- Presenting a compelling case during the arbitration hearing
- Filing court actions to confirm an award in your favor or appeal a losing verdict
Finding the Right Portland Insurance Arbitration Attorney for You
Your choice of legal representation can make a difference in the outcome of your insurance arbitration. You should identify several prospective attorneys to evaluate and find the right insurance arbitration attorney in Portland for you and your case. You can find prospective attorneys through referrals from family and friends, directories maintained by state and local bar associations, and internet searches.
Some insurance arbitration attorneys offer free initial consultations, allowing you to meet with a prospective attorney to evaluate them before hiring. An initial consultation also allows you to ask a prospective attorney questions to understand their qualifications and working style and learn more about your case’s prospects.
When deciding on a personal injury lawyer for your insurance arbitration, some of the factors you may consider in your hiring decision include:
- How long the attorney has practiced law and represented clients in arbitration
- The number of insurance arbitrations the attorney has handled and their success rate
- Whether the attorney has handled insurance arbitration cases similar to yours and their results
- Whether the attorney has any certifications or awards
- The size of the attorney’s current caseload
- Whether they’re part of a law firm and their available resources
- Testimonials from past clients in arbitration
- The attorney’s communication style, including how frequently they plan to update you, whether you can contact them directly, and how quickly they respond to emails, text messages, or voicemails.
Call Today for a Free Consultation!
If you are in a dispute with an insurance company, you can submit that dispute to insurance arbitration. You may be able to seek a more efficient resolution of your insurance claim and demand the financial compensation you need to recover after an accident. Experienced legal counsel can help you navigate arbitration and pursue the compensation you need and deserve.
At Rizk Law, we have decades of experience serving injury victims in Oregon. But we also have insider knowledge on how insurance companies work and the tactics they use to deny or minimize claims, including in arbitration. One client says we were “nothing but caring and professional and answered every question.”
Contact Rizk Law today for a free, no-obligation consultation with a personal injury attorney. We can explain more about what to expect during arbitration and discuss your legal options for seeking compensation in an insurance arbitration claim.
Disclaimer: Our law firm does not handle home insurance claims. We exclusively handle insurance claims related to auto injuries, trucking accidents, and dog bite cases.