Questions Answered by Steven M. Vartabedian Justice (Ret.) - Justia Legal Answers

• 3 March 2011Q: 1) If two parties have retained attorneys is it too late to go to arbitration? How does one go about initiating arbitrat
  A: No it is not too late to arbitrate if you have retained counsel and there is no need to change counsel. In arbitration, the parties and their attorneys pick a third party neutral to decide the dispute. This is usually done for several reasons, including to save the time and costs it might take to otherwise resolve the matter. If the dispute arises from the contract, that contract may have a clause requiring binding arbitration between the parties. If a party demands arbitration and the arbitration agreement is not challenged, then the parties proceed to start the process by selecting an arbitrator. Even if there is no pre-dispute agreement, parties can reach an arbitration agreement whether they are already in litigation represented by attorneys or not.
• 3 March 2011Q: Can injured P recover from D the full amount of a medical expense where insured negotiates for less than usual charges?
  A: This very question is currently being reviewed by the California Supreme Court. A majority of other states view this negotiated rate differential as awardable to the P as collateral-source damages. The rationale is that a P's payment of insurance premiums for medical coverage should be viewed as an investment. The P's insurer in turn is able to use the premium dollars paid by many insureds to negotiate discount rates from medical providers. Non-cash consideration is received by the provider in addition to the case payment in the form of preferred provider designation, guaranteed payment, multiple patients and the like. As a matter of policy, the prudent P should receive the full fair market value of these services rather than allowing the tortfeasor to benefit from the discounted cash payment.