Is it better to sue the at fault driver or file an artribation?
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Is it better to sue the at fault driver or file an artribation?
I was in an accident on 8/8/19. The
other party was at fault for this
accident. She even admitted to doing a
right turn on red while I had the left
green protected arrow. The other party
insurance company denied liability for
the damage on my vehicle. The other
party offered to pay for the damage on
my vehicle out of pocket. Is it better
to sue the at fault driver or file an
artribation? If I win the case how would
I go about collecting the money to get
my vehicle fixed?
Asked on September 30, 2019 under Accident Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Suing is better: it is easier to appeal an adverse (unfavorable) determination in a lawsuit than in an arbitration, and in my experience, arbitrators, who are often drawn from the ranks of industry professionals or insurance/business attorneys, tend to have a pro-insurer bias. If you win a court case, you can use various collections tools, like garnishing wages, to recover your judgment if not paid by teh defendant.
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