A woman was rear-ended by another driver. The other driver’s insurance paid policy limits, but this was not enough to cover the personal injury claim. She then sued her own insurance company under her underinsured motorist coverage.
Her insurance company moved to set the case for a jury trial, and not first to Mandatory Arbitration. The insurance company argued that the injured woman’s claim exceeded the $50,000 limit for Mandatory Arbitration cases.
The injured woman argued that after set-offs for medical payments her insurance had paid, the net arbitration award would not exceed the limit.
The trial court granted the insurance company’s motion, and set the case for jury trial.
The Washington State Court of Appeals reversed, ruling that because the net amount would not exceed the $50,000 limit the case was subject to Mandatory Arbitration.[1]
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By Seattle personal injury lawyer Travis Scott Eller
[1] Evans v. Safeco, ____ Wn.App. ____ (No. 71390-6-1 November 17, 2014).