When a Lawsuit is the Only Option: Nevada’s Special Arbitration Program for Whiplash Car Accident Cases

A lot of people wonder what the process is if the insurance company will not come to a reasonable settlement on their case. If you have been injured in an accident, and have suffered whiplash or some other related injury, at our law firm, your car accident lawyer will file a lawsuit if the insurance company refuses to settle for what your case is worth.
Your auto accident lawyer will tell you that when we file a lawsuit, the insurance company may decide to increase their settlement offer and your case may settle. This happens frequently, since many car wreck attorneys do not file lawsuits and the insurance companies are surprised when our office actually does file a lawsuit.

However, if your case does not settle after we file the lawsuit and serve it on the other driver, then your case may go into a special Nevada program for whiplash type car accident cases. In Nevada’s special program, we will be assigned to a private judge, called an arbitrator, who will coordinate the transfer of information and documents between the parties, which is called “discovery”.

You may have to submit to a deposition (it is simply a statement under oath), where the insurance company’s attorney asks you questions about the accident. Your car accident attorney will of course be there for the deposition. The insurance company may also ask you to sign and review a document, where you answer written questions from the insurance company on your background information, what happened in the accident and your injuries. Your car accident lawyer will be with you every step of the way during this process.
Should the case not settle before then, the arbitrator will conduct an informal mini-trial in a conference room, where you will say what happened to you and the treatment you received. Your car accident lawyer will provide all of your medical records to the private judge, so they have a full understanding of what is going on in your case.

The private judge/arbitrator will issue a written decision on the case. The private judge’s decision is not binding on the parties, but usually the parties accept the private judge’s decision. The whole process takes about 6 months. We will of course take it one step at a time and you will be informed as the process continues.

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