Legal Question in Personal Injury in Utah
Recourse For Injuries After Arbitration
A few years back I was injured (passenger)in an auto accident. Hit broadside by a 13 yr. old in a stolen truck (her mother didn't have any insurance). My attorney sued the driver's automobile insurance company. My case was arbitrated with a settlement in the end. I didn't sign anything because I was told that the injuries that I sustained would not get any better - maybe get worse. They are - getting worse. I didn't sign anything to settle - my attorney called it an award. I now need to have surgery, do I have recourse with this insurance company? I have health insurance, but these injuries are from the auto accident and they want me to go after the other insurance company before they will approve any payment:)
2 Answers from Attorneys
Re: Recourse For Injuries After Arbitration
Your arbitration award is usually a final conclusion of your lawsuit against the insurance company, and you will not be permitted to re-open the case. It was the duty of your attorney to present all of the medical information, including the possibility of future surgery to the arbitrator(s) so your award would cover all contingencies.
Whether or not you signed anything may not matter. Many insurance policies require arbitration - which acts as a substitution for court. If you were granted an award that is the end of your case. You did not mention whether or not you got a check from the insurance company (either directly or through your attorney) - delivery of that check ends the liability of the insurance company.
Tell your health insurance company about the suit and settlement.
Re: Recourse For Injuries After Arbitration
Usually arbitration is binding. At some point in time you probably signed an arbitration agreement. In order for an attorney to answer your question correctly, the attorney would need to know more about the agreement and the arbitration. Further, there may be a statute of limitation problem that you would need to look into.
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