Sample Arbitration Decisions
The following examples are based on real cases and decisions made by the arbitrators of the NAMIC Arbitration Service.
Sample 1 - Facts
This collision occurred on February 10, 1999 at 6:17 p.m. at the intersection of Ridge Street and East Broadway. At the time, Petitioner was traveling North on Ridge Street and Respondent was traveling East on East Broadway. The Respondent’s front end struck the left side of the Petitioner’s vehicle. Both drivers claimed to have had a green light at this controlled intersection. View entire case and findings.
Sample 2 - Facts
The accident occurred on August 26, 1999, at 4:50 p.m., on 9th Avenue and North Avenue. It occurred in the City of WaKeeney, Kansas. The weather conditions were dry, and the asphalt surface on 9th Avenue and gravel surface on North Avenue was dry. View entire case and findings.
Sample 3 - Facts
This accident occurred on November 2, 1999, at approximately 6:00 p.m. on 35 W in Minneapolis, Hennepin County, Minnesota. The Petitioner’s vehicle died and could not be restarted. The Respondent did not see the Petitioner’s stalled vehicle in time to avoid hitting the Petitioner in the rear. This started a six car accident. The weather was clear and the cement road surface was dry at the time of this accident, however the Respondent stated that it was dark. View entire case and findings.
Sample 4 - Facts
The accident occurred on August 1, 1999, at approximately 7:30 p.m. at the intersection of Hebron and Stewart Road in DeKalb, Missouri. The weather was clear and dry. The roadway was gravel where this incident occurred. It is noted that this is an uncontrolled intersection with view obscured by brush at a corner involved in this intersection and accident. The Petitioner was northbound on Hebron and the Respondent vehicle came from their left on Stewart Road. The impact occurred in the intersection and it is noted that the speed limit is 60 mph in this country setting. The directional right-of-way per Missouri Statute 304.351 is governing in this situation and is quoted by both the Petitioner and Respondent in this case. The Respondent vehicle was eastbound on Stewart Road. It is also indicated that the Respondent vehicle was coming from a very infrequently traveled portion of the roadway which may even be considered a long driveway in this situation. View entire case and findings.
Posted: Thursday, January 24, 2013 3:48:06 PM.
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