Occasionally, disputes over medical bills, replacement services and/or
wage loss benefits arise between you and your insurance company after your
automobile accident. New York No-Fault Arbitration is designed to provide
you and your insurance company with a method of resolving their
differences faster and more economically than litigation.
Arbitration is a less formal and much quicker process than litigation. A
dispute is given to a neutral arbitrator, and each party is given the
opportunity to present its side of the dispute at a scheduled hearing.
After the hearing, the arbitrator determines how the matter is to be
After the lower No-Fault Award
Within 21 days of the mailing of the
lower No-Fault award, appeal by a party is made to the Master Arbitrator.
Case is entered into the AAA system, assigned to a
Master Arbitrator and an initiation letter (brief schedule) is mailed.
Appellant has 30 days from initiation letter to
submit brief to Master Arbitrator and opposing counsel.Respondent’s
Respondent has 15 days from the date that the Appellant’s
Brief was submitted.Master Arbitration Review and Decision
Master Award is due 45 days after Respondent Brief is due.
The arbitration process begins, or is initiated, when we
file a Petition for Arbitration with the American Arbitration Association.
We can do that either once your benefits have been denied by the insurance
company, or if the insurance company fails to pay benefits within thirty
days after a claim has been presented to them. The administrative filing
fee to do this is $40.00 which we pay to the AAA at the time the Petition
You are considered the Claimant in this process. The AAA
will send a letter to the insurance company, informing the claims
representative that an arbitration has been initiated by Claimant. The
insurance company is billed for the appropriate administrative fee ($130).
The AAA then sends a list of four randomly selected qualified arbitrators
to the parties. Each party may cross off one of the arbitrators and put
the remaining three in order of preference. The AAA will invite the most
acceptable arbitrator to serve on the case. The arbitrator is bound by the
Code of Ethics to disclose any relationships which might indicate bias or
a conflict of interest in the case. A copy of any disclosure made by the
arbitrator is sent to each of the parties. If the arbitrator accepts the
appointment, the parties are notified, and calendars circulated. A hearing
is scheduled in accordance with the Rules, using the most mutually
agreeable date based upon calendars submitted by us as the Claimant’s
attorney, the insurance company, and the arbitrator.
An Award is
the arbitrator’s legally binding decision made after an arbitration
hearing. The arbitrator has the authority to award the total amount
claimed, a partial amount, or deny the claim based on the evidence
presented. The award also includes the amount of the arbitrator’s
compensation and the party responsible for paying this compensation, and
addresses the matter of how the parties’ filing fees shall be borne.
Prior to filing a case, we review it to determine possible defense points and an overall strategy. Every word in every document is carefully scrutinized to find any failure to comply with the regulations on the insurance company's behalf. We search for possible legal precedents and attach copies to the case for each of our points. Upon receiving the defense package from an insurance company, our defense points are re-evaluated and matched to their weaknesses.
The arbitration date will usually be scheduled within four to six
months from the date of filing. This is to give both sides an opportunity
to gather information and prepare for the hearing. This process is usually
much quicker than filing a lawsuit which in the metro area can take one to
two years to come up for trial.
At the time of the hearing we implement our strategy, deliver our
points to the arbitrator and dispute the opposing counsel with respect to
the validity of the claim and you're right to get paid, allowing the
arbitrator to make the just decision.
Our law firm concentrates
100% of our resources in medica providers like you in the collection of
its No-Fault collections. Our attorneys are well versed in all phases of
the administrative process, from inception through judgement. We are
fluent in the law, established and respected within the legal community
and are among some of the most skillfull, proficient and aggressive
companies in the state.Our fee is determined by several
factors such as age of the accounts, total A/R dollars, total claims,
payer distribution, and the overall size and scop of the project. Payment
of our fee is spread out over the time frame set for the project, so that
the revenue needed to pay for the A/R recovery project will come from the
revenue that is recovered that is recovered by the project. We expect the
revenue needed to pay for A/R cleanup come from the money that would
probably be lost because the claims were sitting in A/R balance with no
one working with them. We handle No-Fault and none No-Fault cases.