Quick Tips on Filing or Responding
When filing or responding in TRS, remember to:
1. Attach evidence to the applicable area, i.e., Liability Arguments, Damages, and Exclusions.
The arbitrator will review all attached evidence, but it’s helpful to have the relevant evidence when reviewing specific issues. For example, it is helpful to be able to view the policy declarations when confirming the amount entered for policy limits.
2. If a prior payment has been made to, and accepted by, the recovering party, which the recovering party has not accounted for, enter the amount paid and attach the supporting evidence in this section.
Again, it allows the arbitrator to easily confirm the payment, so proper credit is given and an accurate award is rendered.
3. Select the correct damage type, i.e., auto damage, rental, or towing, when entering damages.
This is critical for many reasons. It allows the responding party to know what damages are being sought and dispute the correct damages type, if needed. It allows the case to be matched to an arbitrator with the appropriate skillset and presents the case clearly, i.e., rental damages are sought that may have been disputed. It also allows your company to run accurate analytics on arbitration usage and performance. The selection of the wrong damages type, i.e., selecting towing as the damages type when, in fact, the damages type sought is rental (and a rental bill is submitted) will be subject to arbitrator discretion; the arbitrator may or may not award the damages sought.
Article published in: August 2019 E-Bulletin