Legal Question in Insurance Law in New York

Is there a remedy for arbitration decision in an auto insurance case?

Person A was involved in an automobile accident whereby Person B took a left hand turn into Person's A lane. Person B's insurance company is trying to claim Person A has some liability. Both Person A and her insurance company agree there is no liability on Person A. If Person A's insurance company decides through arbitration to accept some liability on Person's A account, does person A have to accept the decision?


Asked on 3/09/06, 8:51 am

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Is there a remedy for arbitration decision in an auto insurance case?

Yes if the arbitration is binding arbitration, no if it is non binding arbitration. A can seek judicial review through a trial de novo, if it is non binding.

Read more
Answered on 3/09/06, 11:53 am
Kevin Connolly Kevin J. Connolly

Re: Is there a remedy for arbitration decision in an auto insurance case?

More contextual information is needed. For example, a decision to compromise liability by an insurance company in adjusting a property claim is not admissible in evidence against the insured in a personal injury case against the other driver. However, an arbitration decision in a no-fault claim that the insured was not seriously injured could come back to haunt the insured when the threshhold issue is litigated. It is all very fact-drivcn and context-dependent, and you should discuss these issues with your counsel.

Read more
Answered on 3/09/06, 8:06 pm


Related Questions & Answers

More Insurance Law questions and answers in New York