Since 1975, Minnesota has been a “no-fault state” which means that, regardless of who is at fault, in the event of a motor vehicle accident, your insurance company is responsible for covering up to $20,000 in medical bills, as well as $20,000 in income loss. However, since the No-Fault Act was enacted, insurance companies have consistently attempted to avoid paying out such benefits. In the event of an insurance company denying some or all of your claim, it is time to consult with a personal injury attorney to discuss whether it makes sense to file for a no-fault arbitration.
What Is A No-Fault Arbitration?
A no-fault arbitration may be necessary when an insurance company refuses to pay for your medical bills or income loss following an accident. A no-fault arbitration consists of a hearing, in which a neutral third party, called an arbitrator, hears the dispute between you and your insurance company and decides whether or not no-fault benefits should have been paid. Your personal injury attorney will present your side of the case to the arbitrator, asking you questions about the accident, and the reasonableness, necessity, and relatedness of your medical treatment and income loss to the accident. Afterwards, the insurance company and its counsel will have the chance to question you too. Your personal injury attorney and the representatives from the insurance company will then present closing arguments before the arbitrator. The arbitrator then has 30 days to issue a decision, called an “award.” The award issued by the arbitrator is binding on the parties.
How to Prepare for a No-Fault Arbitration
Unlike a formal court trial, a no-fault arbitration is generally less formal, though no less important. There will be no jury or judge, and your case will be decided solely by the arbitrator. The arbitration is typically a practicing attorney, who has been appointed by the American Arbitration Association to hear the case. Prior to the arbitration, you will work closely with your personal injury attorney to gather all relevant information about your claim, which includes medical records, accident reports, wage loss evidence, and any other pertinent information. Your personal injury lawyer will prepare you for your arbitration hearing. The arbitrator will then decide the matter based on the evidence presented.
Work With Nelson Personal Injury
The personal injury lawyers at Nelson Personal Injury have handled hundreds of no-fault arbitrations. They understand that no-fault insurance claims can be difficult, and that’s why we work hard to make sure you feel heard, and that you get the compensation to help you on the road to recovery. If your insurance company has denied all or some of your no-fault benefits, contact us to find out more about how we can help you with a no-fault arbitration: nelsonpersonalinjury.com.