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I was in a not at fault auto accident 2 yrs ago on jan 14th

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2008. I have settled the...
I was in a not at fault auto accident 2 yrs ago on jan 14th 2008. I have settled the property damage claim & the bodily injury claim with the at fault drivers ins company. I am now opening a claim with my own auto ins co under my 'under insured' bodily injury coverage, because the at fault driver was under insured to cover all charges. My auto ins co tells me I need to certify a letter to them asking for arbitration to settle my bodily injury case to protect it from running past the 2 yr statute of limitations. I am very nervous in requesting arbitration because I feel I am giving up my rights, is this true? Is it protocol for an auto ins co to need arbitration to settle a case to protect the insured's 2 year statute of limitations and will it protect it?
Also, I was out of pocket for rental car charges due to needing it for 41 days and my ins co only would pay for 30 days, can I open up a claim with my auto ins co under my 'under insured' property damage coverage to get reimbursed?
Submitted: 7 years ago.Category: Legal
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1/1/2010
Lawyer: Ely, Counselor at Law replied 7 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,694
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Well, it depends. Arbitration is by law a neutral third party whose's decision is legally binding. Problem is, if the insurance company picks the arbitrator for all of their cases as a standard contract clause, how neutral can that arbitrator really be? My advice: accept arbitration ONLY if YOU get to pick the arbitrator, and go here to do so:http://california.uscity.net/Arbitration/KNOW that if you feel that the arbitrator is NOT neutral, the Judgement is VOID and you can pursue the matter in court and set aside the arbitrator's judgment is you convince the Court it was not neutral.In answer to your next question:It's protocol for SOME insurance companies - not all.Finally, yes, you collect ALL damages if you win, including legal fees and attorney fees, AND out of pocket expenses.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



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Customer reply replied 7 years ago

Good morning Eli & thank you for such a quick reply! If I do request Arbitration to settle my case in writing today, and the case takes longer than I have time for, considering the 2 year statute of limitations will be up on Jan 14th 2010, will it protect my case and allow me to continue to pursue the settlement?

Thank You!

Lawyer: Ely, Counselor at Law replied 7 years ago
No! Some courts have ruled yes, and some no, so it depends, and I say "no" to be extra sure. :\So if you're running up to the 2 yr statute, file a quick Petition's Original with the Court, but don't do anything, and let is stay on the docket, until/if the arbitration is resolved. IF it is, then the Court will eventually just dismiss the petition for stagnancy. IF you don't work it out or want to challenge the decision, then you can pursue the petition already filed.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














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Customer reply replied 7 years ago
so I would be filing a 'Petition for Stagnancy' ? in order to protect my rights to this settlement or continue to pursue it?
Lawyer: Ely, Counselor at Law replied 7 years ago
no... :) You just file a regular old lawsuit. It can be a simple "Petition's Original Petition," you can amend it later to include what is needed if the arbitration falls through.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














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Customer reply replied 7 years ago
thank you! one more question....... can I file a lawsuit against the at fault driver (in order to protect the 2yr statute) even if I have signed a form releasing them of any further liability? I had to sign that in order to settle with their ins co & get paid and to even find out what thier limits of liability were.
Lawyer: Ely, Counselor at Law replied 7 years ago
Nope...sorry. Once the form is signed, it's done for with that party.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














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Customer reply replied 7 years ago
so how do I protect this from the 2 yr statute? any other tricks to the trade?
Lawyer: Ely, Counselor at Law replied 7 years ago
I am assuming this is against someone else besides the party that you signed the non-suit form against. So HAS it been 2 years yet?
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Customer reply replied 7 years ago
no not yet but it will be in 2 weeks, can I file a lawsuit against my own ins co? I have sent certified a letter to them demanding an offer to settle by the 7th of Jan with all medical bills and docs, if they dont respond, I'm wondering what to do to protect that 2yr statute
Lawyer: Ely, Counselor at Law replied 7 years ago
Right, ok - yes you can like I said above...you can file the petition and then let is sit there while you arbitrate. If arbitration fails, continue with the petition! Plus, once you file, 90% chance they'll contact you to settle. Filing is a serious matter, they won't ignore it.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Ely
Ely, Counselor at Law
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer reply replied 7 years ago

Hey Eli, thank you so much your help in this matter, i have really appreciated your knowledge this morning, you have a great day and rest of this year!

Take care!

BW

Lawyer: Ely, Counselor at Law replied 7 years ago
Thanks - good luck :)
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