The Anderson Independent was reporting that a young lady, Julie George, was charged with one count of felony driving under the influence involving a death for an accident that occurred in Anderson County on Friday, March 5, 2010.

According to the South Carolina Department of Public Safety, this was the tenth death in a motor vehicle crash this year in Anderson County, the highest year-to-date of any county in the state. Ms. George admitted to texting while driving in the moments before the wreck and was unable to pass preliminary alcohol tests. 

The driver that Ms. George struck head on and fatally injured had a 7-month old child and fiancee. 

 

 

I was stepping out of my car onto a curb the other day in downtown Greenville, South Carolina and heard my left foot "pop" three quarters of the way up the foot on my left side.  I immediately felt pain and could not put weight on my foot.  I went straight to the nearest emergency room, which was St. Francis Hospital. 

The nursing staff and front end people were amazing. They got me in, took my information, got me back to a room in less than thirty minutes. The x-ray technician came and wheeled me into the x-ray room and then carted me back. All that was done within an hour and half. Amazing and I was impressed (at that point).  

Then I felt I was living in Dr. Seuss’ "Waiting Place" from Oh! The Places You Will Go. Finally a PA, or physician’s assistant, came in and pushed around on the area I indicated was in such pain. I jumped around of course as she did that and she made the comment that maybe she should go look at the x-rays. Really!? The ones you ordered before you ever saw me?

Lastly a nurse comes in and gives me an Ultram tablet and says they are going to wrap the broad side of my foot in an ACE Bandage. Really!? Why? What was the results of the x-rays? Why can I not put weight on it?

No doctor, no consult as to the result of the x-ray, no explanation as to what is wrong with my foot if nothing was broken. Or were they just going to send me home with a fracture to follow up? Did I mention that outside of nursing staff I had billing come back and take my $250.00 co pay for my ER visit?  Money paid and claims will be filed on my health insurance but for what? I got a form that says I saw a doctor. I never saw a doctor. Do you think I will be charged for seeing one? 

When I responded I wasnt leaving until someone explained the results of the x-ray, the possible diagnosis, what I could do to get better, and what I needed to watch out for, they sent the PA back in.  She apologized for it being so hectic (calmest ER I have ever seen and my mother was ER nurse at Lexington Medical Center for 15 years-so I have seen hectic ERs) and then told me I had a sprain.

Fast forward two weeks and I am still in pain and can not put much weight on my foot. I go to Anderson Medical Center, they refer me to Blue Ridge Orthopedics and low and behold, x-rays reveal a broken metatarsal bone in my foot (one of the bones that leads to your toes).

Important things to take from this:

  1. This is not worthy of medical malpractice. Medical professionals range from good to bad just like all professionals.  St. Francis provided poor care. That’s it. Move on.
  2. If you have a personal injury, only you know how your body feels.
  3. If you are unhappy with services provided to you, try another hospital, doctor, or medical provider.

 

 

In Part One, I explained that if you don’t list your personal injury claim in your bankruptcy, you don’t “own it” any longer and don’t have the right to pursue the personal injury claim.   In this post I’ll tell you about another problem you’ll have and about a real case right here in South Carolina.

Judicial Estoppel Can Really Cause You Problems

If you fail to list legal claims during your bankruptcy, you may forever lose the right to pursue those claims. Once the other lawyer finds out your bankruptcy is inaccurate, you can’t say, “Whoops, I guess I’ll call my bankruptcy lawyer and list that claim on my schedules!” It’s too late.   

This problem just raised its ugly head in the United States District Court here in South Carolina.  Blanche Wright had a legal claim against Richard Guess alleging violation of her civil rights. But when Ms. Wright filed bankruptcy, she didn’t list the federal lawsuit. 

Predictably, the defense attorney found out about her bankruptcy filing. And they always do, by the way.

The defense then asked the court to dismiss Ms. Wright’s case because (1) she didn’t have standing to bring it—that is, she didn’t “own” the claim; her bankruptcy estate did, and (2) because Ms. Wright’s claims should be barred because of judicial estoppel.

What Exactly is Judicial Estoppel Anyway?

As Judge Anderson explained, “judicial estoppel is ‘an equitable doctrine that prevents a party who has successfully taken a position in one proceeding from taking the opposite position in a subsequent proceeding.’” This means you can’t say, “I have no legal claims” in your bankruptcy by not listing your personal injury case, then turn around and say, “I do have a legal claim” in your state or federal court case. You can’t “play fast and loose with the courts,” as Judge Anderson explained in Ms. Wright’s case.     

Although Ms. Wright actually amended her bankruptcy after the defense filed its motion to dismiss, this didn’t impress Judge Anderson, who stated, “[c]ourts have repeatedly rejected the argument that judicial estoppel should not be applied when the debtor-plaintiff has attempted to remedy an omission by amending her bankruptcy filings.” 

What’s All This Mean?

The bottom line is this:

  • You must notify your personal injury lawyer if you intend on filing bankruptcy. He needs to know. And he may also be able to refer you to a bankruptcy lawyer he knows will be qualified to handle your case.
  • You must list your personal injury claim on your bankruptcy schedules. Don’t ever hide anything from any lawyer you hire, and this is especially true when dealing with assets like claims in your bankruptcy estate.
  • If you don’t list your injury claim in your bankruptcy estate, you may lose it forever. Saying “oops, I forgot” will not work. 

Your lawyers want the best outcome to your cases. Help them help you by keeping them informed of all your legal problems. 

 

(This is a guest post written by Russell A. DeMott. Click on his biography below for more information about Mr. DeMott’s bankruptcy practice.)

 

 

Russell A. DeMott is a bankruptcy lawyer practicing in Charleston, South Carolina. He represents clients in Chapter 7 and Chapter 13 bankruptcy.

 

In legal circles, insurance circles, and amongst colleagues of both sides of the coin, plaintiffs and defendants,  there is an on going understanding of how awful Allstate Insurance claims adjusting and case evaluations are in comparison with reality and fairness. 

I tell everyone that comes in my office how bad Allstate Insurance company is when it comes to providing a fair or reasonable offer on their personal injury claim. Again, truth is an absolute defense to any potential libel or slander claims so I want to put forth the TRUTH about Allstate:

  1. Insurance adjusters for other insurance companies have resolved their portion of a claim with me and said, "Good luck"; "I wouldn’t want to deal with them", "I don’t see how they haven’t been shut down by the state", in reference to resolving the other portion of the claims with Allstate;
  2. I have been told by an Allstate insurance adjuster that regardless of what my client’s treating physicians said they were not paying the claim because she didn’t think my client was hurt. (She may have had a college degree but no medical training or certification);
  3. Allstate insurance representatives (in SC) have openly discussed with me how bad the company is run, how ridiculous the claims process is for them to get any authority, and how a machine (Colossus) tells what your claim is worth, not a person;
  4. Allstate adjusters have told my clients (prior to my representation), that they can’t possibly be hurt because of the collision they were in and need to settle the case because an attorney can’t help them;
  5. A year or two ago they use to have a system to try and move cases and it didnt matter what happen or what injuries the client received. It was based solely on medical bills. From $0-2,500 they would offer $500; $2,500-7,500 a $1,000 and so on but no more than $2,000 regardless of the amount;
  6. I have had numerous cases where they offered to settle for less than or equal to the medical bills and then I file suit and go through the litigation motions only to settle for a reasonable value and absolutely no facts, medical bills, or circumstances arose that would merit such an increase other than the fact, I filed suit.  (one such instance was so ridiculous that my client had a $15,000 offer and absolutely nothing changed but litigation was initiated–we settled for nearly half a million); and
  7. More than half a dozen defense attorneys I work with have made this specific statement when discussing Allstate cases, "Well Trey, you know this is Allstate………"  (No other insurance company is mentioned in that regard).

Why do I hate Allstate Insurance Company so much?

  • I do not believe they conduct their insurance practice in good faith;
  • Their commercials grate on every nerve I have when I know how poorly they treat their own insureds (what you are if you have Allstate Insurance), much less victims injured by their insureds; and
  • Consumers (you if you buy anything) are not educated on the front line about what they are buying and then they are being taken advantage of by their own insurance companies.

My solution:

  1. I have decided to fight Allstate regardless of the time, resources, and value on the claim;
  2. I educate every person I see, regardless if they become a client, on insurance and how bad Allstate conducts claims;
  3. I remain an active voice for those that have been deceived, manipulated, talked down to, and dejected by uninformed, uneducated, and ignorant Allstate representatives; and
  4. I blog when my blood pressure gets sky high because an Allstate adjuster just offered me $1,200 over medical bills of $12,800 and did not dispute that their insured was at fault or the injuries my client received. When I asked the reasoning for the offer and he gave some BS answer I made the comment that I don’t know why I even ask anymore and he said, and I quote verbatim, "Yeah, I don’t know either. I came from another claims office and it just seems like a waste of time."

I am always open to hearing the other side of this issue or in lieu of no one having anything good to say about Allstate either, more war stories of how bad they are. 

 

If you are injured and are having financial problems, you may need to file bankruptcy. If you find yourself in this situation, it’s vitally important that you advise your bankruptcy attorney of your personal injury claim.

Let’s face it. Injury often causes financial problems. If you can’t work, you don’t get paid, or you get paid only what your disability insurance covers—usually a small portion of what you were earning prior to the injury. And that’s if you’re lucky and don’t get jerked around by the insurance company.

Financial problems, in turn, often lead to bankruptcy. I see this frequently in my Charleston bankruptcy practice.  If that happens to you, there are some important things you should know.

Having Two Lawyers is Like Having Two Doctors

If you have two doctors and one prescribes something the other doesn’t know about, that can be dangerous. It’s the same with two lawyers. You might think that your bankruptcy lawyer doesn’t have anything to do with your personal injury claim, but he does. You need to make sure each lawyer knows about the other.

Your Injury Claim is Property of Your Bankruptcy Estate

When you file bankruptcy, any assets you have become property of your bankruptcy estate. Don’t panic! This doesn’t mean you lose everything you own. It does mean, however, that you must list all your assets and then claim your “exemptions” in them. “Exemptions” are property you are allowed to keep. For example, in South Carolina you are allowed a $51,450 of home equity, a vehicle with a value up to $5,150, and many other exemptions.

But here’s the rub. If you don’t list the asset, you can’t exempt it. Only disclosed assets are abandoned (released) from your bankruptcy estate. Your bankruptcy trustee will specifically state this at your bankruptcy hearing. 

So if you don’t disclose your personal injury claim in your bankruptcy, you don’t own it. That means it can’t be released from your bankruptcy estate and remains an asset for the bankruptcy trustee to recover.   If the insurance company’s attorney finds out about your failure to disclose your personal injury claim in your bankruptcy case, he’ll use that to get your personal injury case dismissed. 

In addition, it’s a felony to withhold information in your bankruptcy filing. Actually, it’s two felonies: bankruptcy fraud and perjury—lying under oath. Both are serious crimes and can result in prison sentences. 

In “Personal Injury Claims and Filing Bankruptcy (Part Two)", I’ll discuss another problem you’ll encounter and an unfortunate case from right here in South Carolina. 

 

(This is a guest post written by Russell A. DeMott. Click on his biography below for more information about Mr. DeMott’s bankruptcy practice.)


 

Russell A. DeMott is a bankruptcy lawyer practicing in Charleston, South Carolina. He represents clients in Chapter 7 and Chapter 13 bankruptcy.

 

 

 

Not all life is pain and injury. Sometimes you get to take advantage of your hard work and dedication. Or as the Bible states in Psalm 128:2, " You will eat the fruit of your labor, blessings and prosperity will be yours."  As a member of the American Association of Justice (AAJ) I was invited to a conference in Maui, HI. This being my fifth year as a plaintiffs’ lawyer I felt the time was good for a little vacation and working conference.

The lineup is always amazing for the AAJ Conference and the talented, experienced, and world renown lawyers that were on hand helped motivate this younger, yet driven attorney. Its always good to draw on the passion I have to fight against the evil insurance companies, ie (Allstate, Selective, Sentry, Progressive, State Farm, and many more) and to see that passion in practicing attorneys of 30 years or more is energizing. As an evil insurance hater in Anderson, South Carolina you can sometimes feel like an island but when you rekindle that hatred for wrong doers amongst other successful lawyers around the country you are reminded that you are on the right path.

If you ever get to Maui for a vacation to relax, rejuvenate, and/or reflect here are things I recommend from a nonworking perspective:

  1. Old Lahaina Luau– A great look into Maui’s history and to the Hawaiian way of life in general. Not as commercialized as other advertised luaus and the food was amazing. Plus if you like to drink the price includes all you can eat and drink. The location is right on the ocean and reservation are a plus.
  2. Sail Triology– Both the book I bought and friends that went before us recommended this tour for snorkeling. On the day we went we actually had the founder on the boat, got to see the sun rise, saw a twin whale breach, heard whales underwater while snorkeling, had fantastic food, and smooth sailing. A must do excursion.
  3. Road to Hana– this was made more delightful by not driving personally and not having to return back on the same day by car. It has been named the "Divorce Highway" by locals because of the toll the winding roads and one way bridges take on a couple.  Simply beautiful, historic, and breathtaking. So hard to describe but is a must do. We drove there and took a helicopter ride back touring the waterfalls and the volcano, Haleakala.
  4. Old Lahaina Grill-not sure how we found this on the first night but it was great. Others bragged about Mama’s Fish House but we felt it was overrated and overpriced. You can’t beat the location of Mama’s Fish House but I think you can beat the food. A runner up in the food area was the Waterfront Restaurant– simple, affordable, and good.

I have been blessed to travel to many places in my short life of 32 years and I encourage others to do the same because you never know what life has in store for you. As a 14 year leukemia survivor I dont wait on my retirement to visit the places I want to see. I see them as soon as possible and check them off the list I made shortly after cancer.

Visit Hawaii. Check.

 

 

 

I had a good question today by a reader that inquired as to why he had to file suit against the person that harmed him without putting down the insurance company that he had been dealing with.  That is an excellent question and presents so many layers of legal analysis that I am merely going to skim the top and provide a somewhat basic version.

It’s because insurance companies lobby big money to be the "man behind the curtain" without ever truly having the target on their backs.  In a trial you can not mention "insurance" for either party regardless of type, ie health insurance, homeowner’s insurance, and automobile insurance. Those are considered collateral sources and are not to be given weight by an impartial jury. Yes, yes, we all know about "insurance" even if we were in that magical jury box but it can not be talked about in court by either attorney, plaintiff, or defendant. 

We all know that when you are harmed/injured in a wreck by the negligence, omission, and/or ignorance of another, that person’s liability insurance will have to assess the personal injuries and property damage that arise out of all wrecks. OR the "uninsured" policy of your automobile insurance will cover the property damage and personal injuries because the at fault person is without insurance.  Yes, that means your insurance company defends the at fault party against you.

Often times after you leave the scene of the wreck, or incident, in question you never speak with the responsible party. However, you are contacted by the responsible party’s insurance company that then gives you the cold shoulder or acts like you did something wrong.  (I appreciate them doing that because it makes my life so much easier).

OR in a really ironic turn of events, your insurance company then defends the at fault party against you because they really don’t want you to just walk away with those premiums you have paid for the past couple years.  You have to earn them by fighting your own insurance company for compensation for your injuries and property damage! Hilarious, I know.

Seek legal advice anytime insurance companies are involved. You don’t have to retain legal counsel but it doesn’t cost you anything to hear what the law really is in a personal injury case vs. what insurance adjusters reading from a computer to save their company money say it is.

I’m just sayin….

 

 

I started blogging back in November of 2008 therefore with the closing of the 2009 calendar year, this will be my first (1st) full year in review.

There is little doubt from my background, occupation, and particular writing style that I hate insurance companies. I have highlighted those articles I wrote throughout the 2009 year that provide the biggest return on investment for my readers. I hope that you have enjoyed reading my blog, regardless of your own personal beliefs and opinions, as there are always two sides to any issue.  

South Carolina Foreclosure Sale: My Personal Experience

Given the current economic climate and the many more foreclosures I feel will be coming on the market in the first quarter of 2010, this is a good read for those of you thinking houses are bought for $1.

What Can I Do About Property Damage to my Car After a Wreck?

Numbers speak for themselves and more than likely you will be involved in a wreck. If the wreck is bad enough to cause any property damage you do not necessarily need a lawyer.

South Carolina Property Arbitration for Depreciation, Loss of Use, & Actual Damages

This article goes into more depth than the one above when the insurance company jerks you around over something so easy to determine value such as property.

Dogs Bite, Owners Pay: South Carolina Dog Bite Law

There is no one bite rule in South Carolina. This is strict liability and if your dog bites someone else anticipate some insurance payout.

Insurance Companies Don’t Care About You: They Care About Your Premiums

I say what others think and know. This is no different and you should understand the logistics.

Allstate Insurance’s "Good Hands" are Wrapped Around Your Throat!

They are awful. The worst insurance company you could possibly use in my personal opinion. I can tell war stories against Allstate for days on cases I had just in 2009. Please stop letting such blatant insurance abuse happen by using the worst insurance company out there.

Insurance Claim Game: 10 Tips to Follow

When you are injured in an automobile wreck these tips may help you avoid having to hire an attorney on a smaller case. 

Tips for Young Lawyers on Being Trial Lawyers

After four full years of practicing and being thrown into a trial the first couple months as a lawyer, I guess I have learned some things. I am just excited to still call myself a young lawyer at 31.

Graduation Speech for Mid-Carolina High School 2009

I was blessed and honored to come back to my high school and give the commencement speech.

F___ You If You Have Never Had Cancer!

After my uncle was diagnosed with cancer and started his battle earlier in the year a flow of emotions and memories were brought back from my experience some 14 years ago. Sorry for the language but it was what I was feeling at the time.

 

 

 


 

 

 

 

I am amazed every day with comments made by insurance adjusters or agents, servants, and/or employees working on behalf of insurance companies. Regardless of whether it has to do with my personal health insurance, automobile insurance, property insurance, and/or other types of insurance.

It all boils down to insurance companies belittling, discrediting, discounting, ignoring, amending, omitting, and/or re-creating invoices, or bills, legitimately charged by professionals for services rendered.–Trey Mills

Let’s look at a few recent examples I have run across just this week:

  1. I needed medical treatment so I went to a medical professional, aka, a medical doctor. This medical professional went to school for over 20 years to be a licensed medical professional. The physician provided me with medical advice and treatment I needed. I filed it on my health insurance and when it was all said and done out of the $110.00 bill, my insurance company discounted it by $55.00 for a "network discount".  I paid my $25.00 co-pay and because I have not met my $2,000.00 deductible, I owe the $40.00  remainder.  What the heck did the insurance company pay for? I am pretty sure if I was uninsured and had the ability to pay in cash I would have gotten a 50% reduction = $55.00. Instead, since I had health insurance, I had to pay $65.00. (Health insurance is truly for cancer and other catastrophic injuries/illnesses that happen in life. Other than that, bend over). There was a great article in the L.A. Times entitled "Why Require People to Buy Health Insurance". Admittedly, I would rather have things privatized than governmentalized but what is the difference between an extra tax and mandating people pay insurance premiums? You say tomato. I say tomato.
  2. I wrecked my car so I went to the only local certified manufacturer of my car within 100 miles and had the parts repaired and replaced. Since the wreck was not my fault, I notified the at fault party’s insurance company and requested they pay my repair bill (actual costs), my rental bill (loss of use), and depreciation. The at fault insurance company discounted my repair bill by over $300.00 because they felt it was over priced, offered me $10 a day for a rental car, and said that they do not recognize depreciation. (South Carolina law does and when I filed "Arbitration Pleadings" they paid me almost double their original offer). 
  3. I have rental property so I needed insurance for those rental properties. One of my houses is centrally located within four houses from Falls Park in Greenville,SC. The lot alone is valuable, not to mention the "historic" two story house that is being remodeled. However, the replacement costs for the house, per the insurance estimate, is astonishingly low. I wonder what builders or estimators are providing those costs? I need to get them in there remodeling the house but then again, it would probably be put back together with glue and toothpicks.

"If I only had a …….. 

 

I have always threatened to take an insurance company to arbitration over their ridiculous offers but never had a client that could afford to take the time and roll the dice on a Battle Royal. Ask and you shall receive. *(see a recent update on this article at the bottom).

Today, I partook in my first property arbitration over depreciation, or diminution of value, due to an automobile wreck and subsequent repair of their vehicle.  This was my first because, as an attorney and business venture, it is not worth the time, effort, or eventual outcome to pursue such action, especially when there are personal injuries that arise out of the accident. The personal injury claims are a much more valuable and worthwhile effort for attorneys to assist. However, I did this one pro bono, gratis, and/or "for free". Although I did not gain financially from this venture, I was able to gain through experience.  A much more valuable weapon against evil insurance companies.

With most every car accident arises two causes of actions. 

  1. Property Damage: A claim for property damage can be in the amount of actual damages (repair costs), loss of use (not having your car/having a rental), and depreciation/diminution of value (the value of your car before vs. after the accident-given that it was in a wreck); and
  2. Personal Injury: Any injury sustained as a result of the physical, mental, and/or emotional impact of the accident, or trauma.

In my case, the plaintiff had her brand new, candy apple red convertible slammed into by a dump truck.  The defendant did not dispute that they were at fault.  The defendant repaired the vehicle and provided a rental but when the plaintiff inquired about depreciation due to the stigma of the car being in an accident, the insurance company said they did not recognize such damages. WHICH IS BULLSHIT and ILLEGAL.  Insurance companies don’t make money paying it out, they make money keeping it.  

The highest offer the defendant made was only a couple hundred dollars to my client, even after I became involved.  At arbitration the plaintiff was awarded almost triple the insurance company’s highest offer and it was the insurance company’s expert testimony that helped the arbitration panel make their determination. 

Why would an insurance company drag this out and only offer a few hundred dollars? That would be because 80-90% of you will go away and the 10-20% that fight them are cheaper to pay off than the 80%.  It is a numbers game. The more you roll over to the insurance companies, the more money they make, and the more they laugh at you. Don’t let them laugh at you, fight back!

You don’t have to be an attorney to request an arbitration hearing or to file a claim in small claims court. Please go to this link to learn more:

http://www.doi.sc.gov/consumer/auto.htm

South Carolina allows for persons to request an arbitration through S.C. Code Ann. 38-77-730:

 

SECTION 38-77-730. Request for arbitration; no formal pleading and process; arbitration docket; filing of claim; service of summons to defendant.

(a) Any person who is a party to the disputed property damage liability claim may submit his claim for determination through arbitration. No formal pleading or process is required. The clerk of court of each county shall prepare and keep an arbitration docket and set the cases thereon for arbitration as provided by law for the settling of cases in the court of common pleas.

(b) The claim must be filed with the clerk of court in the county in which the cause of action arose or where the plaintiff or defendant resides. The claim must be filed in triplicate with the clerk of court on forms to be provided by him. The forms shall set forth the names of the parties, the date and place of the accident, and the amount of property damage claimed. The clerk shall file one copy in his office, and one copy must be served upon the defendant as provided by law for service of summons and complaints. The sheriff, or such other person, shall promptly serve the claim upon the defendant and shall receive the sum of five dollars to defray the cost of securing this service. The sheriff, or such other person, serving the process shall promptly file an affidavit of personal service with the clerk of court on forms to be provided by the clerk.

(c) There must be attached to, or made part of, the form a summons to the defendant named notifying him that he should file a response with the clerk of court within thirty days from the date of service and that failure to file a response within thirty days entitles the plaintiff to a default judgment. The form must be signed by the party filing it or his attorney, if any, and shall by order of reference show the address of the person signing it.

 

 

SECTION 38-77-740. Hearing; notice to parties; damages to be awarded; securing attendance of witnesses.

(a) The court, or the clerk acting for the court, shall assign the arbitrators to hear the matter at the courthouse, or other designated place in the county where the claim is filed, within sixty days after the date of filing, or as soon thereafter as is feasible. The clerk of court shall, on a form provided by him, advise the parties or their attorneys of record, if any, by mail as to the place, date, and time of hearing and shall advise the parties to bring all records which may pertain to the claim, including, but not limited to, the following:

(1) Two estimates of damage to the motor vehicle or its contents signed by the estimator.

(2) Signed receipts for car repairs.

(3) Bills or receipts for other property damages claimed.

The forms shall also contain notice to the parties that, if they cannot attend because of illness or otherwise, the clerk of court must be notified as soon as possible with the request that another date be set for the hearing.

(b) Property damages must be awarded as provided by law, including, but not limited to, actual damages, loss of use, depreciation, and any other property damages which are the direct and proximate result of the accident.

(c) The parties may secure the attendance of witnesses by their voluntary appearance or may secure their attendance by subpoenas prepared and issued in accordance with the laws of this State.

 * Modified on December 21, 2009:

Don’t think being an attorney affords you any differences when dealing with insurance companies. I recently had to go through the same process with an insurance company as a result of a property damage claim. They forwarded me a check significantly lower than the actual repair costs, rental car invoice, and depreciation. I requested an explanation within 7 days and received none. I filed arbitration pleadings in the proper county and had an offer almost double the initial amount within 3-4 days.  Don’t play around with them. File the arbitration papers for $5.00 and then send them an original copy with a reasonable demand.