How to File an Auto Accident Arbitration Request in California
Auto accidents sometimes require additional court appearances, in order to get costs covered. This tends to happen when personal injury happens, or if you have an expensive car. Limitations on insurance policies might not cover all of your costs. Instead of going straight to a civil suit, you have the option of requesting arbitration in California. Some auto cases are required by law to go through arbitration first, such as uninsured motorist claims.
Other People Are Reading
Instructions
-
-
1
Download the civil case form from the California Government site. This has an "Auto" section where you will either check general "auto" or "uninsured motorist."
-
2
Look up the address of the superior court of your county. This is the county in which the accident occurred.
-
-
3
Write a letter to accompany the cover sheet requesting arbitration. Most courts require arbitration for cases under $50,000 but it is dependent on the number of judges.
-
4
File the paperwork with the appropriate California county court. You can do this in person or via mail. Be sure to keep a copy of the paperwork for yourself.
-
5
Wait for the response to your civil complaint. The courts prefer to take care of things through arbitration when possible, as it keeps the system from getting backlogged with cases.
-
6
File any follow-up paperwork requested by the court regarding a time and place for arbitration.
-
1
Tips & Warnings
If both parties have insurance you can request arbitration through your insurance company, if you disagree with what the companies have determined as the settlement. This works well, as the insurance companies would like to keep it out of court.
You can request personal arbitration with the person you are in conflict with. This requires hiring a third party arbiter to make a determination.
While both parties agree to the final decision of arbitration, there is always an appeals process. It is a great way to try and solve your issue, but might not be the final word.
References
Resources
- Photo Credit Thinkstock/Comstock/Getty Images
