Oftentimes, establishing liability for a car accident is complicated, especially if the parties involved create their own “versions” of the truth which contradicts one another. These kind of confusing scenarios commonly occur at intersections where it is contested who had the green light or right of way. If you were caught in this sort of accident or anything similar, what can you do to prove that you are not at fault?
To unveil the truth about who should really take responsibility for a car accident, insurance companies often speculate about who is at fault at first. More often than not, insurance companies agree to a comparative liability settlement where each party involved will take 50% responsibility for the singular determination of fault. However, if any of the parties denies liability, insurance companies agree to disagree and allow their clients to resolve their issues through litigation.
Nevertheless, leaving their insured to “fend for themselves” is a more tedious and complex process. If this doesn’t work, insurance companies start the process of arbitration to resolve legal disputes.
In arbitration, both parties have the chance to present “evidence” to put liability where it is due, with a third-party as arbitrator deciding the proportion of fault for each party. Since going into arbitration is usually cheaper than litigation, this is a choice preferred by insurance companies to reach a faster settlement and resolution. Arbitration is also a flexible process where both parties are encouraged to participate fully, and can usually be scheduled at the involved parties leisure.
While arbitration may resolve disputes efficiently, there is always a possibility that the arbitrator will get the decision wrong. Even though arbitration is governed by California Rule of Court 3.820 and the it can still be regarded as an uneven playing field for legal disputes especially with the “take-it-or-leave-it” nature of many arbitration clauses. Another major concern is the questionable objectivity of the arbitrator, particularly when this neutral third party comes from a pool list where favoritism is often involved.
Controversies started to arise regarding the loopholes of arbitration. In fact, due to these issues, into law, known as the “California Ban on Mandatory Arbitration Agreements”, which bars legislation companies and organizations to resolve employment law claims through forced arbitration.
Although arbitration cannot be banned fully, as it has become a mainstay in resolving legal disputes across the United States, the risks of being involved in this process after a car accident are still there. But, no matter what path the insurance companies choose, you always have a choice to establish liability for the car crash.
Since you have a , you can utilize this privilege to determine who was at fault and resolve your claim. With the right people working on your side, you don’t have to worry about proving who was at fault — Farahi Law Firm’s car accident lawyers will establish everything for you.
At Farahi Law Firm, APC, we always seek justice for victims like you. For the excellent legal representation of your case, call us today at (844) 4-JUSTICE. It’s free, 24/7! No fees until we win!