Should my uninsured motorist claim go to arbitration or court?
It depends on your case and your policy. Arbitration is private and usually faster and less costly, but there is no jury, and an arbitrator is usually less moved by your story. A trial takes longer and carries more risk, but a jury can respond to your story. The Scott Pryor Law Group helps you weigh both paths.
Key takeaways
- Arbitration is private, and usually faster and less costly than a trial.
- There is no jury in arbitration. The arbitrator alone decides.
- A jury can respond to your story in a way an arbitrator usually does not.
- A high-low agreement sets a floor and a ceiling on what an arbitration pays.
- Read your policy first. Some underinsured motorist coverage requires arbitration.
How does arbitration work in an uninsured motorist claim?
Both sides present their case at a private hearing, and an arbitrator decides what the insurer owes. In a Georgia uninsured or underinsured motorist claim, that insurer is your own. The Scott Pryor Law Group prepares for an arbitration hearing the way it prepares for a car accident trial, because the decision can be binding.
Arbitration is one form of alternative dispute resolution (ADR), a group of methods that let two sides resolve a dispute without a trial. Arbitration sits at the formal end of that group. It runs much like a short trial without a jury:
- Each side presents its argument and its evidence.
- The arbitrator acts as the judge and weighs the merits of each side.
- The rules for presenting evidence are looser than in court.
- The hearing ends with the arbitrator’s decision, which can be legally binding.
In an uninsured motorist claim, the other side is your own insurance company. It has the same reason to pay less as any other insurer, even if you have paid it premiums for years. The adjuster may be friendly. The adjuster’s job is still to protect the company’s bottom line.
That is why we treat an arbitration hearing as seriously as a trial. The evidence, the medical records and the account of your losses all have to be ready on the day.
How is arbitration different from a trial?
Arbitration in a Georgia uninsured motorist claim happens in private, without a jury and without many of the formalities of a courtroom. That usually makes it faster and less costly. The Scott Pryor Law Group weighs those savings against what you give up: a jury, and the time a car accident lawsuit allows to gather and test evidence.
| Issue | Arbitration | Trial |
|---|---|---|
| Who decides | An arbitrator | A jury |
| Setting | Private | A courtroom |
| Time | Usually shorter. Some cases are resolved the same day | Usually longer |
| Cost | Usually lower. The sides can share the arbitrator’s fee | Usually higher |
| Evidence before the hearing | Usually no discovery period | Discovery lets each side gather and examine evidence before trial |
| Evidence at the hearing | Can come in at any point. Looser rules can admit evidence such as hearsay | Stricter rules on what evidence is allowed |
Discovery is the stage of a lawsuit where each side gathers and reviews the evidence it plans to use. Arbitration usually skips it. Evidence can be presented at any point in the hearing, which can leave the other side only a few minutes to review it.
That cuts both ways. A faster process can mean a faster result. It also means less time to answer a surprise, so preparation before the hearing matters more.
Then there is who decides. At trial, a jury hears your case. In arbitration, the arbitrator decides alone.
When is a jury trial the better choice?
A jury trial can suit a Georgia uninsured motorist claim when your story and your circumstances carry weight. A jury may respond to them. An arbitrator usually is not swayed by those factors. The Scott Pryor Law Group looks at the strength of your evidence and your story before it recommends either path for your car accident claim.
Trial carries its own risk. You can win an award or leave with nothing, and no one can secure a particular outcome. Have a strong case before you choose either path.
Questions we work through with you:
- How strong is the evidence on fault and injuries? A weak spot can hurt in either forum.
- How much does your story matter? Serious injuries and a changed life are often easier to understand in person than on paper.
- How much time can you wait? A trial takes longer to reach.
- Does your policy decide for you? Some underinsured motorist coverage requires arbitration.
Most uninsured motorist claims never reach either one. Many settle with the insurer, and a case can settle at any point along the way.
We prepare every case for trial. Insurers know we are willing to go to court, and they weigh that when they decide what to offer.
Can I limit the risk of arbitration?
Sometimes. Before a Georgia uninsured motorist arbitration, the two sides can sign a high-low agreement that sets the least and the most the insurer will pay, whatever the arbitrator decides. The Scott Pryor Law Group can tell you whether one makes sense for your car accident claim before the hearing is set.
It works in three steps:
- Before the hearing, both sides agree on a low figure and a high figure.
- The arbitrator hears the case and makes an award.
- If the award falls below the low figure, the insurer pays the low figure. If it comes in above the high figure, the insurer pays the high figure. An award in between is paid as decided.
You give up the chance of an award above the ceiling. The insurer gives up the chance of paying less than the floor. In return, you know the least you will receive before the hearing starts.
Whether a range is fair depends on what your claim is worth, so we value the claim before we discuss numbers. Our guide to what a Georgia car accident case is worth explains what drives that value.
Can my insurance company make me go to arbitration?
It can, if your policy says so. Some underinsured motorist coverage requires arbitration to resolve the claim, and then the choice is made for you. The Scott Pryor Law Group reads your Georgia auto policy at the start of an uninsured motorist claim, so you know your options before any demand is made.
Your policy also sets out what you must do and when. If it does not require arbitration, whether arbitration or a lawsuit suits your case better is a decision to make with a lawyer.
Report the crash to your insurer promptly either way. Your policy can set its own notice requirements, separate from the legal deadline to file a lawsuit.
The legal deadline: Victims generally have two years to file a personal injury lawsuit. O.C.G.A. § 9-3-33
Talks with an insurer can run for months, and both arbitration and a lawsuit take preparation. Tracking every date from the start keeps both paths open.
Do I need a lawyer to choose between arbitration and a lawsuit?
A lawyer helps, because the choice depends on the strength of your case, the terms of your policy and the risk of each path. In a Georgia uninsured motorist claim, your own insurer is on the other side. The Scott Pryor Law Group reviews all three with you in a free consultation for your car accident claim.
When you hire us, we:
- Read your policy and track every notice requirement and deadline.
- Gather the police report, your medical records and your bills.
- Value your losses, including future treatment, lost wages, and pain and suffering.
- Negotiate with the insurer. If it will not be fair, we take the next step, whether that is arbitration or a lawsuit.
If you were hit by a driver with no insurance or too little, start with our Georgia uninsured motorist lawyer page. It covers what to do after the crash and where else recovery can come from. Our Georgia car accident lawyer page covers the rest of the claim.
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