Legal Question in Personal Injury in California

Arbitration Rights

I would like to know what rights I have in arbitration if my settlement offer is less than my medical cost from an auto accident in which I was not liable?

Can I refuse Arbitration or an Arbitrator's decision, to hold up any proceeds indefinitely?

Do I have legal recourse against an arbitrator if his sum does not cover my cost?

Asked on 4/05/01, 5:32 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Arbitration Rights

Depends on whether you have binding arbitration, either by agreement or by operation of law. If the arbitration is binding, guess what? You are stuck with the decision. And if you behave obnoxiously about it, further harm could come to you. And, you cannot sue the arbitrator. Very rarely, a decision is so out of whack with the reality of a case, that an arbitration award can be appealed to your local superior court on the ground that the arbitrator abused his discretion. But arbitrators are given a lot of discretion, because courts like to see disputes resolved without involving the time and resources of the courthouse. If you have non-binding arbitration, you can take or leave the arbitration award. So can the other side.

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Answered on 4/05/01, 9:45 pm

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