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Is It Better to File a Lawsuit or Arbitration for No-Fault Claims?

— August 12, 2022

Arbitration is less stressful.  It is much less formal than going to court and appearing before a judge.

At some point, a healthcare provider will undoubtedly need assistance collecting unpaid bills.  Providers such as doctors, surgeons, dentists, chiropractors, pharmacists, medical equipment providers, etc., may have to deal with no-fault claims that insurance companies refuse to pay.  If you are a medical provider with unpaid bills from either the no-fault insurance company or no-fault patients, you are probably frustrated and worried.  If you already provided your service but are not getting paid, how will you collect on the unpaid balance?  One option is to file a lawsuit against the no-fault insurance provider or client.  However, another option is to take the matter to arbitration and see if you can resolve the matter without going to court.

Advantages to Arbitration

There are many advantages to arbitration because itn is a great way for parties to resolve disputes without going to court.  At arbitration, all the parties and their attorneys will meet in a hearing before the arbitrator, who is a neutral third party.  All the parties will succinctly present their case and allow the neutral arbitrator to arrive at a fair decision based on the evidence that they heard. 

The Sigalov Firm, a New York based law firm specializing in the collection and arbitration of no-fault healthcare claims, states that it is always a good idea for parties to at first try the case in arbitration prior to going to trial.  They advise that most cases are successfully resolved at arbitration.  If arbitration fails, however, sometimes it is necessary for a medical provider to file a lawsuit and litigate the matter.

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People choose arbitration for many reasons.  For one, arbitrations can be cheaper and more cost-effective than a lawsuit. Another advantage is that it is also a lot faster than going to trial. If one files a lawsuit, they will have to engage in discovery, interrogatories, evidence gathering, and documentation.   They will also spend time engaged in negotiations, pre-trial conferences, and other discussions before they even get a trial date.  The cost of an attorney can quickly increase along the way.  Depending on your jurisdiction, many courts are experiencing delayed schedules, and it may take months to get a court date. By going to arbitration, you could end up with a decision in your favor in just one hearing and not have to bother yourself with unnecessary delays and court costs. 

Additionally, arbitration is less stressful.  It is much less formal than going to court and appearing before a judge.  Many people feel that arbitration is worth trying to resolve their case as quickly and with the least amount of aggravation possible. 

How to Start an Arbitration Claim

First, determine for sure that the unpaid medical bills have been denied by the no-fault insurance or refused to be paid.  Once this is clear, you will need to fill out some documentation about your case.  You will be required to submit a demand letter to the other parties, giving them written notice that you want arbitration. An experienced no-fault claim arbitration attorney will be able to help you through the process.  

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