New York No Fault Collection Lawyers
The American Arbitration Association (AAA) receives and processes all No-Fault arbitration requests. Therefore, all arbitration requests must be filed with the American Arbitration Association. An applicant for No-Fault arbitration must submit all documents supporting their position along with their original request for arbitration. A copy of the applicant’s complete submission must also be simultaneously mailed to the respondent & Following this original submission of documents, no additional documents may be submitted by the applicant other than bills or claims for ongoing benefits. If a medical provider files for arbitration as an assignee of the injured party, that provider must also include a copy of a completed assignment of benefits form with the injured party’s signature.
The Advantages of No Fault Arbitration
Generally, arbitration is less costly and less time consuming than litigating a no fault collection matter. The evidentiary rules in No-Fault Arbitration are relaxed. Unlike the litigation, where the process follows a complete lifecycle of any civil court matter, the arbitration process is much simpler. The fee to file a no fault arbitration with AAA is a flat $ 40.00 dollars, per filling regardless of the amount in dispute. There is no motion practice, or submission of additional documentation or multiple hearing dates associated with no fault arbitration process. The single biggest advantage of no fault arbitration with AAA is the time factor; cases come to a quicker resolution versus the litigation in civil court.
The Process of No Fault Arbitration
The New York State Insurance Department designated the American Arbitration Association (“AAA”) to administer the no-fault arbitration process in the State of New York. The AAA must follow specific guidelines to arbitrate a no-fault dispute.
Generally An AAA arbitration filing includes:
- A denial of claim (“NF-10”) form, with all fields completed;
- An AAA form AR, with all questions answered (in the absence of an NF-10);
- All bills in dispute (NF-3);
- The Assignment of Benefits (“AOB”) form;
- The physician’s report;
- Medical reports or supporting medical documents;
- Proof of mail;
- Proof of delivery;
- All correspondence with the insurance company (verifications);
- Proof of mail & delivery for all verifications;and
- Any other information the applicant will rely upon at an arbitration hearing, should the hearing be necessary.
The complete arbitration file is submitted to AAA electronically and copy is sent to the insurance carrier. Any evidence the applicant submits after this initial filing will be marked as a late submission. The arbitrator then has the discretion of whether to consider this evidence.
Before an arbitration hearing, the case goes through a conciliation process. During this process, a conciliator assigned to the case contacts each party in an effort to save time and money by resolving the dispute without the need for a hearing. Any offers of settlement are made through the conciliator. Many cases filed for arbitration are resolved during this process. This process is done electronically now.
Within 30 days of receiving notification from AAA of the applicant’s request for arbitration, an insurance carrier is required to submit all documents in support of its denial of the claims in dispute. Any evidence submitted beyond the 30-day period will be marked as a late submission and might not be considered by the arbitrator during hearing.
The AAA will mail a Notice of Hearing to each party at least 15 days prior to the hearing date. An arbitrator will be randomly assigned to hear the case and AAA case managers will provide administrative support throughout the arbitration process.
After a hearing is conducted and closed, an arbitrator writes a decision (the “award”) and delivers it within 30 days of the hearing’s closing. This award can be modified upon written application of a party within 21 days of delivery.
A party can appeal an award within 21 days of the award’s delivery. Accompanying a copy of the award, the party appealing will submit a letter outlining the grounds for appeal.
Choudhry & Franzoni Law Firm – No Fault Collection Lawyers
At Choudhry & Franzoni, PLLC we have the strengths, both financial and in terms of manpower to fight hard for our clients. We refuse to accept low ball offers from insurance companies. We fight hard for our clients and recover the maximum amount allowed by law. We are not ready and committed to take the insurance carriers on in either arbitration hearing or in civil court trails. A Free Consultation With No Fault Collections Attorney is Only A Phone Call Away. Please Call Now 212 LAW 8000.