Auto insurance arbitration success relies on the applicant'sability to prove both negligence and damages.

Proof of damages and verification of the paid loss must includean appraisal by a reputable source. Damages can include thephysical damages to the vehicle along with towing, rental and/orstorage paid.

Proving negligence is often much more difficult than provingdamages as the loss facts reported are often subjective and withoutthe support of a police report or witness statement.

In every case, it is incumbent on the applicant to prove bothdamages and negligence, and a signed or recorded statement from thedriver of the applicant vehicle is imperative in most cases, butabsolutely so in instances where no police were called to thescene.

Contentions should contain three elements of liability:

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  • Duty owed. Well-written contentions forcollision losses should include citations of local vehicle andtraffic law and state-specific negligence rules, because thisinformation alerts the arbitrator to the reasonable standard ofcare in a particular jurisdiction.
  • Duty breached. To establish liability onthe part of the adverse party, contentions should clearly state howthe breach of the duty owed by the respondent caused the applicantto sustain damages. Evidence such as witness statements,police reports, driver statements, scene photos, maps, diagrams andapplicable reports relating to weather and road conditions cansupport the contention of a breach in duty owed.
  • Proximate cause. Lastly, it must be proventhat the direct or immediate result of the breach of duty ornegligence of the adverse party caused the loss and the resultingdamages.

Evidence must be submitted to support any contentions regardingliability. Each contention must be supported by facts. Listing theevidence in the order of the contentions makes it easier for thearbitrator to review.

Citing specific statutes relative to the case and thejurisdiction alerts the arbitrator as to why you are submitting theclaim to arbitration and what issues need to be considered in thedecision.

Finally, be specific regarding what you want the arbitrator toaward.

Kathleen J. Smith, CSPR, is managing director of Holbrook,N.Y.-based subrogation recovery services company SpartanRecoveries LLC. Donna Geraghty is the business developmentmanager at Spartan Recoveries.

Related: Are you getting the most out ofsubrogation?