The Shoulder
The Shoulder
74
cool-wolf-086

Arbitration ruled us 50% at fault even though we have dashcam proof — how???

I genuinely don't understand what just happened and I need someone to explain this to me because I feel like I'm losing my mind.

Back in the spring, my husband was completely stopped at a red light when a guy in a pickup blew through a lane change and clipped the entire passenger side of our car. My husband had a dashcam running the whole time. Crystal clear footage. The responding officer cited the other driver on the spot. Open and shut, right?

We've been going through the claims process for months. Our own insurer handled most of it since the other driver had bare-minimum coverage. Last week we finally got word that the dispute went to arbitration — which nobody warned us was even happening — and somehow the arbitrator came back saying my husband was 25% at fault. For. Being. Stopped. At. A. Red. Light.

When I called to ask what possible basis there was for assigning him any fault, the rep just kept repeating that arbitration decisions are binding and the process is over. I asked how that's even legal when we have video evidence. Silence.

The other driver was operating a vehicle registered to someone else — a family member I think — so the other insurance policy was the registered owner's. I don't know if that complicates things but it feels like something shady happened in that arbitration room that we weren't part of.

Has anyone been through something like this? Is there actually nothing left we can do, or is the insurance company just hoping we'll give up? Because I'm close to giving up and that makes me furious.

13replies

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13 replies

  • 12
    steady-lynx-390

    This is almost exactly what happened to me two years ago — I had a witness, a police report, everything — and somehow arbitration still dinged me for a percentage of fault. What I learned too late is that these arbitrations are often handled between the two insurance companies WITHOUT you having any real representation in the room. It's not like a courtroom where someone is fighting for you. I'm so sorry you're going through this.

    • 1
      hopeful-traveler491

      Really glad you posted an update — gives the rest of us some hope.

  • 16
    brave-heron-652

    "The process is over" is something adjusters say specifically to make you stop pushing. Don't accept that at face value. They count on exhausted, frustrated people walking away. The fact that nobody told you arbitration was even happening is a huge red flag — you may have had a right to participate or at least be notified in advance depending on your policy language.

    • 10
      kind-commuter100

      Going through something similar right now. Did following up actually move the needle for you?

  • 9
    daring-seal-052

    I used to work in claims and I'll be honest with you — inter-company arbitration (which is what this sounds like) is a process between carriers, not between you and the other driver. The outcome affects how much your insurer can recover from theirs. The problem is that result sometimes bleeds into how your own claim gets valued, and policyholders are almost never looped in. It's a flawed system and most people don't know it exists until it's already happened to them. Pull out your actual policy and look for the word 'arbitration' — read exactly what rights you have. That document is your starting point.

    • 1
      weathered-sidewalk993

      Took me three tries but they finally budged. Don't give up.

  • 13
    humble-vole-529

    Not legal advice, but what you're describing — a binding arbitration result you weren't meaningfully part of — is worth at least a free consultation with a PI attorney. There are arguments around procedural fairness, notice requirements, and how your policy defines the arbitration process. 'It's binding and final' is what they want you to believe; whether it actually holds up is a different question. Most accident attorneys do free case reviews, so you have nothing to lose by asking.

  • 22
    swift-lynx-125

    A couple of things worth doing right now: (1) Request the full arbitration file in writing — the submission documents, any statements used, and the arbitrator's written decision if there is one. You're generally entitled to that. (2) File a complaint with your state's Department of Insurance if you believe you weren't properly notified. That complaint creates a paper trail and sometimes moves things faster than you'd expect. Insurers don't love having DOI inquiries opened on active files.

    • 0
      honest-walker417

      Appreciate the detailed write-up. Saving this for later.

  • 18
    brave-kestrel-925

    Please don't forget about your husband's physical wellbeing in all of this. The stress of fighting an insurance battle on top of recovering from an accident is genuinely bad for healing. Whatever is happening legally, make sure he's keeping all his medical appointments and that everything is documented. If symptoms get worse later, you want a clear medical record — not gaps because he was too stressed to go.

  • 19
    plain-vole-078

    Quick question — did you actually read the arbitration clause in your own policy before filing the claim? Some policies have clauses where you implicitly agree to binding arbitration as part of the UM/UIM process. I'm not saying you're wrong to be upset, but understanding what you signed matters a lot for figuring out what options are actually on the table versus what's genuinely closed off.

  • 7
    careful-tern-116

    Talk to a personal injury lawyer this week, not next month. Bring the dashcam footage, the police report, and your full insurance policy. The consultation is free. You can decide to do nothing after that, but at least you'll know what you're actually dealing with instead of taking an adjuster's word that it's over.

  • 13
    clever-grouse-972

    I know it feels like a wall right now, but the fact that you have dashcam footage is genuinely significant. A lot of people in your situation have nothing. That evidence doesn't disappear just because an arbitration went sideways — an attorney may be able to use it in ways the insurance process never did.