Your No-Fault arbitration is a procedure where an arbitrator will decide the dispute between you and your no-fault insurance company.
The arbitrator is a lawyer who has been selected from a panel of lawyers appointed by the Minnesota Supreme Court.
The arbitration will usually take place either at the law office of the arbitrator or at the offices of the American Arbitration Association (AAA). Your lawyer at Schmidt-Salita Law Team will be there throughout the entire session.
The procedure is partially formal and partially informal. The formal rules of evidence that would ordinarily apply to regular court proceedings do not apply to a No-Fault arbitration. The arbitrator will decide what evidence he or she believes to be important.
Your lawyer will present a booklet of documents which often include the state accident report, the repair estimates for the vehicles, medical records, medical verifications from your treating medical providers, copies of the medical bills and payroll records in cases where a wage loss claim is being made. It also typically includes a “statement of the case” which contains your lawyer’s argument as why the arbitrator should rule in your favor.
You can expect to testify on your own behalf in response to questions by your lawyer at Schmidt-Salita Law Team and cross examination by the insurance company lawyer. The arbitrator may ask some questions as well. The Schmidt-Salita Law Team will prep you for this prior to the arbitration.
The process typically starts with the arbitrator and the lawyers having a preliminary discussion regarding the issues and the evidence. Then, you will testify. Finally, the lawyers will make their closing arguments.
The arbitrator then has 30 days to issue an award. The award will typically be sent to your attorney in the mail.