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By: Ernie Bray, CEO AutoClaims Direct, SCLA

As a claims adjuster, are you tired of losing every arbitration file you submit? Ever wonder, “What do these auto subrogation arbitrators even look for?”

Well, as a Certified Auto Subrogation Arbitrator, Licensed Adjuster in 21 states and a Senior Claims Law Associate, I will provide three quick pointers to help you tip the cards in your favor on  your arbitration submissions.

1. Provide quality detailed clear photographs of BOTH vehicles.  I can’t tell you how many times I review a case that may have great contentions but lacks quality photographs to support the damage. It’s imperative that the photos of both vehicles be shown level with the impact from various angles. Measurements and paint transfer photos are even better!  Additionally, some insurers in an effort to save money on field assignments fail to even take photographs at all if their insured doesn’t have coverage. This is a huge mistake in a disputed liability case as without any photos, there is no clear way to analyze the damage. And while I continue on the photos issue, always submit clear, color photos. Photocopies of damage are useless and render no assistance to the panelist reviewing the case.

2. Provide your contentions in a concise, easy to read format. The information should be presented in a logical order that makes it easy to understand.  One tendency I see from adjusters is an intent to focus on cluttering the contentions with legalese rather than a solid concise framework of the facts. As an arbitration panelist, our duty is to review all documentation and facts in detail that support your contentions. Don’t worry, we are going to read everything from the police report to the transcripts of all recorded statements. A well written basis of contentions can and will go a long way in supporting a strong arbitration submission.

3. Documentation is absolutely essential and mandatory. If it is not in the file, one will assume it did not happen.  Many times an adjuster believes an arbitration panelist will piece together the facts or come to a decision even without all of the pieces to the puzzle. Files lacking statements, scene investigations, police reports and other supporting documents weaken a case immensely, if they exist but are not submitted for review. It never hurts to provide more attached documentation than one deems necessary as it’s much worse to lose a case simply due to lack of corroborating evidence.

Remember, to prevail in arbitration one must provide a compelling contention that is backed up by supporting documentation and facts that clearly support your side. The ultimate decision will lie with the specific arbitration panelist but the goal should be to set yourself up for success by thoroughly and properly documenting everything.