There are automobile insurance policies that provide that uninsured motorist claims must be arbitrated and the courts will generally enforce this because its more efficient on all parties involved (expediting claims & reducing litigation). Keep in mind that in the absence of an arbitration provision in the policy, however, arbitration of a UM claim can not be compelled. Allstate Insurance Co. v. Duffy, 237 So.2d 225 (Fla. 3d DCA 1970).
It is advisable that when you have been involved in a car accident, you contact a Palm Beach County accident attorney before even contacting your insurance carrier to ensure that you achieve maximum recovery for your claim. Arbitration provisions usually will require that the insured select one arbitrator, the insurer select another, and for those two arbitrators to then select a third. Less common policies require arbitration through a formal organization such as the American Arbitration Association. Don’t be lulled to accept an offer that is not fair to you at an arbitration hearing because the insurance companies are connected to many of these arbitrators.
You may think you are getting a fair hearing, while the insurance company laughs because they know you are not. If you have been injured in an automobile accident, contact an experience Palm Beach County accident attorney to navigate you through the insurance companies’ web of tricks. Some carriers in the past have included a provision in their arbitration clauses making an arbitration award that exceeded the minimum limits of financial responsibility ($10,000) nonbinding and allowing either party in that even to bring an action in court. See Weiss v. American Fire & Casualty Co., 655 So.2d 1207 (Fla. 4th DCA 1995). Seemingly, this is to the advantage of the insurance companies because if the award ever exceeds the limits, they will more often than not choose to bring an action in Court. However, in the meantime, the injured victim who may have suffered injuries and had to miss work will now have to wait even longer, often frustrating the insured to accept a smaller amount. While judicial Courts can determine issues involving insurance coverage, arbitrators can only determine the basis for recovery under the policy, i.e., the factual merit of the claim. Hartford Accident & Indemnity Co. v. Classie, 396 So.2d 1204 (Fla. 3d DCA 1981).
Examples of issues subject to arbitration:

• Whether the Palm Beach County accident involved a hit-and-run or phantom vehicle. Liscio v. Montgomery Ward Insurance Co., 603 So.2d 76 (Fla. 4th DCA 1992); Protective Insurance Co. v. Palma, 507 So.2d 649 (Fla. 3d DCA 1987); Eberhart; Industrial Fire & Casualty Insurance Co. v. Coquemard, 332 So.2d 636 (Fla. 3d DCA 1976).

• Issues pertaining to workers’ compensation immunity. Stack v. State Farm Mutual Automobile Insurance Co., 507 So.2d 617 (Fla. 3d DCA 1987); Allstate Insurance Co. v. Candreva, 497 So.2d 980 (Fla. 4th DCA 1986).