It’s not uncommon for insurance companies to have an arbitration clause in the fine print of the agreement. It’s also there for the iPhone manufacturer as well. Most consumers gloss right over this without considering what the arbitration clause actually means. Most of the time, a consumer will not wind up in arbitration with the iPhone manufacturer but it is more common to deal with arbitration while handling an insurance dispute.
By preparing for the arbitration, you will increase the likelihood that you will succeed. Most of the arbitration clauses in insurance contracts refer to binding arbitration. This means that whatever the arbiter decides, you will be bound to it as if a regular judge had determined that that was the proper course of action. Most of the time, you will have limited to no recourses unless you can prove that the arbiter was malicious or insane.
Arbitration in insurance coverage for your iPhone generally revolves around a disagreement in coverage. This occurs in situations where you believe that the iPhone insurance company should cover the damage, and they insist that you have in some way violated the agreement and the iPhone warranty. Many times this revolves around definitions as well as permitted usage.
When you go into the arbitration, don’t rely on the insurance company to supply the evidence. Remember that while they are required to be honest, they are not required to give you an advantage. This means that you need to make sure that you bring proof of your purchase, insurance payments, and the insurance coverage. Anything else that will help your case should also be brought.
Most insurance companies follow significantly relaxed rules of evidence when it comes to arbitration. Most of the time, these rules revolve around the arbiter’s discretion. This means that you just need to explain the reason that your evidence is significant to the case.
Treat the Arbiter with Respect
Many people make the mistake of assuming that since the arbiter is not an actual judge that he does not deserve the same level of respect. Unfortunately, this is a great way to bias the arbiter against you. Treating the arbiter with respect includes standing when speaking unless you are instructed not to do so and addressing the arbiter by the title he is introduced by. It’s also important that you do not argue or insult the arbiter. If you have a problem with the arbiter, you should state it clearly and politely. You should also make sure that it is recorded to preserve it.
Make sure that if the other side brings something up and makes a claim that you request evidence. Do not let them get away with assumptions. In arbitration as with many areas of the law, failure to challenge an assumption can result in the assumption being treated as fact. Make sure that you do this with respect. Failure to offer evidence of any kind will result in your being able to challenge the finding later, so long as your state allows such challenges and you adequately preserve your defences.