October 2017 E-Bulletin

This month's E-Bulletin topics include:

  1. Evidence Considerations: Detailed Statements
  2. Electronic Proofs of Damage in Arbitration
  3. Coming Soon…
  4. NASP 2017 Annual Conference—Deep in the Heart of Subro

Evidence Considerations: Detailed Statements

Image of a young man on his cell phone in front of a car accidentPart 2 of the Evidence Considerations Series

When gathering evidence for your case, do not overlook the necessity of taking detailed statements from all the involved parties. It is just as important to take a statement from the adverse party as it is to take one from your own insured. A useful statement does not need to be lengthy, but it does need to include pertinent information tailored to the specific loss at hand. If there are components of the statement that you feel are particularity useful in supporting your case, you may wish to draw attention to these areas by highlighting them.

When taking a statement from a witness, it is imperative to establish the witness as being independent and credible. You should always ask the witness if he or she is acquainted with any of the involved parties. Otherwise, the adverse carrier may question the validity of the witness, and his or her statement may be given less weight.

See next month’s issue of E-Bulletin for Part 3 in our Evidence Considerations Series: Police Reports.
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Electronic Proofs of Damage in Arbitration

Image of a dollar sign on a circuit boardMany members have reduced costs by replacing paper transactions with electronic methods, for example, by replacing paper draft payments with electronic payments. Two of the most common payments that have seen a shift from paper to paperless are towing and rental.

Unfortunately, there has been some confusion surrounding the validity of electronic proofs in arbitration. It’s important to understand that these transactions do not involve a traditional bill, because the member has a direct relationship with the vendor that supports electronic payments.

AF’s Guide for Arbitrators addresses these payments (page 7, ”Electronic Proofs of Damage”) as follows:

“…It is common for the Applicant to provide electronic proof of payment without the corresponding bill. Knowing that the Applicant does not possess a traditional bill due to its electronic connection with certain vendors, these proofs of payment will have to be accepted also as proof of damages.”

We have been educating our member arbitrators to accept electronic proofs of payment as proof of damages. If you see a decision in which your electronic proofs of payment were not accepted as proof of damages, you may file a Post-Decision Inquiry with AF within 30 calendar days after publication of the decision.
 
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Coming Soon…

Coming SoonGuess what AF is doing? We have begun work on updating our certification/testing website! Our goal is to improve our members’ experience during the certification and testing process. Look out for more information and details coming to an E-Bulletin near you!
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NASP 2017 Annual Conference—Deep in the Heart of Subro

NASP logo for Deep in the Heart of SUBRONovember 5‒8, 2017
JW Marriott ‒ Austin, TX

Be sure to visit us at Booth 307 or attend our session, M.2.6 “Total Recovery Solution (TRS)” to be held Monday, November 6 at 12:30‒1:30!

Visit the NASP website to register, select an exhibit booth, make hotel reservations, and download conference brochures.
 
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