Allstate Arbitration Process
If you were in a car accident recently and have Allstate auto insurance, it is smart to understand the arbitration process. Arbitration is a different method from settling a car accident claim besides going to trial. The arbitration process normally involves two insurance companies but may include you and an insurance company in some cases. For more on standard claims, please check out our article on the Allstate Claims Process.
Arbitration can be a good choice because it is faster and less expensive than going to trial. The arbitrator is usually a retired judge or attorney. Note that if you go to arbitration, the decision rendered is final. You cannot appeal it. Below is more information about the Allstate arbitration process.
Overview of Allstate Arbitration Process
The process of arbitration is initiated by a side of the dispute telling the other in writing that they want to go to arbitration. This needs to be done in writing. The first item to be determined is who will arbitrate the case. Each party to the accident claim must agree upon who is going to decide the dispute. Whoever the arbitrator is, usually a retired judge or lawyer, must be fair and neutral according to the law.
Arbitrator Is Picked
Each side to the accident dispute must agree on the arbitrator for the case to go forward. After this is determined, the arbitration hearing date is set. This is also the time when each side, including Allstate, must submit the evidence they have to the other side. After each side has submitted documents to the other side, there is a review period where the information is reviewed.
This could cause Allstate or the other side of the dispute to settle. This frequently happens when each side sees what the argument is on the other side. Approximately 2/3 of all arbitration cases reach settlement before the hearing. You do not need to attend arbitration if the insurance company represents your interests in the case.
Decision of the Arbitrator
At the arbitration hearing, Allstate and the other insurance company presents their evidence. He or she will review the evidence, and it may take a few weeks or months for a decision to be made. This is done in a written awards letter and it is usually brief. It will simply state who gets what and who pays what for legal fees. Remember, this is a final decision and cannot be appealed.
Talk to An Attorney
If you are represented by Allstate, arbitration may occur without your input when the settlement negotiations break down. But if you are up against an insurance company in your claim, you should have the case run by an experienced arbitration attorney before you make any decision.