How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 30868
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Personal Injury Law Question Here...
Roger is online now
A new question is answered every 9 seconds

arbitration and award.An affirmative defense asserting that

This answer was rated:

arbitration and award.An affirmative defense asserting that the subject matter of the action has already been settled in arbitration. the question is does arbitration have to be between the two party's or is it centered around the subject matter example if accident occurred one was compensated by there own insurance company for damages, would this be considered as arbitration and award,or; does arbitration have to be between the initial party's
Hi - let me read up about this and I'll respond in a bit.
Customer: replied 3 years ago.

ok sure

An insurance company paying a claim is not an arbitration and award - it's just a settlement of a claim.

An arbitration is a trial that's handled through an arbitrator instead of a judge in a trial court setting. The award comes after the arbitrator hears the arguments of the parties - just like in a traditional trial.
Customer: replied 3 years ago.

what about satisfaction and accord

Accord and satisfaction is a settlement of a claim, but a person settling a claim with his/her insurance company isn't a bar preventing the person from suing the other party (and that party's insurance company) as well.

HOWEVER, the person can't recover twice for the same damages (that's unjust enrichment). But, the person can sue the other party for damages over and above what was recovered via insurance. ALSO, the person's insurance company would have a subrogation claim against the other party for whatever money it pays over to the person.

Thus, just because a person receives payment from his/her OWN insurance doesn't prevent suit from being filed. However, if the person settles with the other party's insurance company, that would be a bar to filing suit.
Customer: replied 3 years ago.

but would they have to show that the amount there requesting is over the amount of with there insurance paid is that correct, so could and affirmative defense be unjust enrichment or a counter claim or if they have been compensated for damages would that compensation create an collateral estoppal

If suit is filed, you can request in discovery information or documentation on whether or not insurance has paid all or part of the damages, and then ask for an accounting of those amounts. That will ensure the party doesn't recover twice (called double dipping).

Yes, an affirmative defense could be unjust enrichment.
Customer: replied 3 years ago.

is this done if you counter claim or you can file a counter complaint , would it be sought by admissions, interrogatories etc.

It wouldn't be a counterclaim because you're not seeking damages, you're just wanting credit for the payments made from insurance. It would be an affirmative defense.

Also, you would ask an interrogatory regarding any insurance payments, then you would make a request for production of documents for documentation providing evidence of insurance claim payments.
Customer: replied 3 years ago.

that would fall under just a defense of 1. "payment" that they have already been compensated for the damages which bars them from relief 2. unjust enrichment they have entered into this with unclean hands seeking unjust enrichment by double dipping

That's right.
Customer: replied 3 years ago.

see you a good teacher!

Don't know about that - - but thank you!
Customer: replied 3 years ago.

well i do cause i check everything lol, anyway good teachers are like good students i believe. you cant be a good leader if you were not a good follower per se. not absolute but something like that by the way can you have an affirmative defense and counter claim?

Yes, you can do both.

An affirmative defense is made as part of the answer to the complaint, and the counterclaim would be a separate pleading -- but you could include both in the same document. It would be an Answer, Defenses and Counterclaim all in one.
Customer: replied 3 years ago.

or if i don't file them together would it just be a single complaint and not a counter claim and does one take away from the other like if i file a complaint on the same case would it be different from a counter claim?

You wouldn't have a complaint and a counterclaim. A complaint is an initial pleading that a plaintiff files to start a lawsuit. A counterclaim is a complaint that the defendant files against the plaintiff in response to the complaint.

So, you would file one or the other in the same case - not both.
Roger, Attorney
Satisfied Customers: 30868
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 5 other Personal Injury Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Infolawyer



    Satisfied Customers:

    Licensed attorney helping individuals and businesses.
< Last | Next >
  • Infolawyer's Avatar



    Satisfied Customers:

    Licensed attorney helping individuals and businesses.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • LawTalk's Avatar



    Satisfied Customers:

    I have 30 years of legal and litigation experience.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    I provide basic personal injury advice to my clients in my own practice.
  • Tina's Avatar



    Satisfied Customers:

    Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
  • Brandon, Esq.'s Avatar

    Brandon, Esq.


    Satisfied Customers:

    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • P. Simmons's Avatar

    P. Simmons


    Satisfied Customers:

    16 yrs. of legal experience.

Related Personal Injury Law Questions