New Job Aids for Adverse Parties!

Image of a woman working at a laptopTwo new job aids have been added to the TRS Resources Page in an effort to raise awareness regarding Prior Payments and Additional Exposures.

Both documents provide step-by-step instructions, quick tips, and do’s and don’ts.

Here are few things to keep in mind when entering Prior Payments
  • Per Rule 2-5, prior payments must be entered in the “Add Prior Payment Made” field for the credit to be applied to the award. If you enter payments in other fields, such as liability arguments, damage disputes or additional exposures, the payment will not be reduced from the award.
  • Do attach evidence supporting that a payment was cashed/cleared. Otherwise, a credit will not be applied.
  • Do not enter payments for out-of-pocket expenses or damages NOT sought in the filing (i.e., out of pocket rental or contents in the vehicle). These damages would be entered as an additional exposure if policy limits are at risk.
Image from Prior Payments job aid

A few things to keep in mind when entering Additional Exposures
  • Additional Exposures are parties with damages that an Adverse Party may be legally liable to pay and are not named in the current case.
  • If policy limits are NOT at risk, do not enter additional exposures to the arbitration case.
  • Do not add exposures for recovering parties under Additional Exposures, as they will already be noted in the filing.
  • Do attach evidence supporting the additional exposure (i.e., police report or recorded statement verifying an exposure exists). 
Image from Additional Exposures job aid


 


Article published in: March 2021 E-Bulletin