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    angel4ever68's Avatar
    angel4ever68 Posts: 4, Reputation: 1
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    #1

    Apr 20, 2009, 12:30 PM
    Questions about a hearing
    I just recently came from a deposition on a car accident I had back in 2006. I was not in the wrong. However, the insurance company wanted to "lowball" me. Now I have to go to an Abitration hearing. What is it? What should I expect? The person that hit me was not at the deposition hearing.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 20, 2009, 12:36 PM

    A deposition is the opportunity for the other side to get your sworn, preliminary testimony. Your side of things has the right to call the other side and take his/her testimony. They are done separately. That deposition is used at trial for cross examination.

    You agreed to arbitration instead of a trial?

    Who determined they are lowballing you?
    angel4ever68's Avatar
    angel4ever68 Posts: 4, Reputation: 1
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    #3

    Apr 20, 2009, 12:52 PM
    When The accident first happened the insurance company had someone to come out to review the damage to my car. The insurance company later notified me of what they wanted to pay. I decided to get a lawyer, and this lawyer gave my case over to another law group when I decided that the amount was not sufficient for the damage to my car.
    This past week, I went for a deposition I was told to be there at 1:15 pm the lawyer I was expecting didn't show up. His friend came to represent me in the deposition. I was nervous at first because I didn't know what to expect.

    I felt that the lawyer(mine) should have let me know in advance what happens in cases like this. I guess because I am not paying this is what the legal representation that I get.

    Now, I have to go for this abitration hearing. I didn't set this up the lawyers did.

    I felt I was being "lowballed", when they were trying to make me an offer.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Apr 20, 2009, 02:15 PM
    Did you agree to this arbitration? If not, don't attend it before you obtain competent counsel (a lawyer you trust).

    If necessary, get your current lawyer to postpone it.
    angel4ever68's Avatar
    angel4ever68 Posts: 4, Reputation: 1
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    #5

    Apr 21, 2009, 07:40 AM
    I do have counsel right now. However, I have been confused about the precedings that are taken place right now. I went for a deposition, I don't see why I have go back for abitration hearing when the guy hit my car.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Apr 21, 2009, 07:56 AM

    First, whose insurance are you dealing with? Did you file a claim with your carrier or just the other driver's?

    Second, Are you claiming any physical damage or just the value of the car?

    Third, An arbitration hearing is usually a binding process. Both parties present their testimony to the arbitrator who then makes a ruling that is binding on both parties. Did you sign something agreeing to arbitration?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Apr 21, 2009, 08:02 AM
    Quote Originally Posted by angel4ever68 View Post
    I do have counsel right now. However, I have been confused about the precedings that are taken place right now. I went for a deposition, I don't see why I have go back for abitration hearing when the guy hit my car.

    Did you read what I wrote about depositions? They are for the purpose of getting your story down on paper so they can evaluate the case and how you will testify and so that there is a basis for cross examination at another time.

    Depositions and arbitration hearings are two different things.

    You cannot be forced into arbitration. If you want to go to trial (and your Attorney may be considering the expense of trial when he/she makes the recommendation that you arbitrate or he/she may be concerned about how you testify) and your Attorney won't consent, then find another Attorney.
    angel4ever68's Avatar
    angel4ever68 Posts: 4, Reputation: 1
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    #8

    Apr 22, 2009, 12:17 PM
    Response to Scott Gem


    I am dealing with the person that hit my car's insurance


    I am claiming both personal and car damage

    I did sign a form about a hearing.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #9

    Apr 22, 2009, 12:40 PM

    Ok, the driver's insurer is going to want to pay out as little as possible. Do you have medical bills to substantiate your claims? Are your medical issues complete? Are all the expenses you are asking for documented?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Apr 22, 2009, 05:12 PM

    Again, you have retained an Attorney. These are questions to ask him/her as he/she has a lot more background information than "we" have here.
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