Auto Claims Mediation

2 Why Use Mediation? It’s an informal, inexpensive and non-adversarial way to resolve your dispute with your insurance company. One of the responsibilities of the California Department of Insurance (Department), is to help consumers who are having difficulty getting their automobile insurance physical damage claims resolved. In 1995, pursuant to a newly enacted law, the Department established a pilot program for the mediation of some types of disputes arising out of the Northridge earthquake of 1994 and subsequent earthquakes. In 2001, a law was passed expanding the mediation program to include certain disputes arising out of automobile collision or physical damage coverage. This program uses mediation to bring you and your insurance company together in an informal meeting with a qualified mediator in an attempt to resolve the dispute. What Is Mediation? Mediation is a process by which you and the insurance company submit your dispute to a neutral third party (the mediator) that works with both of you to reach a settlement of the dispute. The mediator has no power to impose an agreement on you; only you can decide to settle your case. One of the purposes of mediation is to give you the opportunity to tell your insurance company your perspective regarding the dispute in a joint session. In private sessions held with each party, the mediator separately tries to promote a candid discussion of the issues and priorities of each party. Gaining knowledge of facts from these meetings, a mediator can use the information learned from each to: