AF recently facilitated its latest Filer/Responder Workshops on June 24 and 26 with over 240 member company representatives in attendance. The purpose of these workshops is to drive decision quality by:  

• Sharing information to improve filing and responding effectiveness.  
• Answering questions attendees have regarding filing and responding workflows and procedures.  

The following topics are key takeaways from the June workshop:

Revisits

• The allowance of revisit evidence was added, based on member feedback, after the initial development of TRS. 
• The filing company gets the last word when damages are disputed.

Viewable Damage Evidence

• Companies must attach damage evidence to the damage section in the Auto forum.
• Rules 2-1 and 2-5 address the companies’ responsibilities related to shared evidence.
• This evidence is viewable to all companies.

Damage-Supporting Evidence 

• Supporting evidence is evidence that supports the amount sought.
• If auto damages are sought, supporting evidence would typically be the final estimate.
• For rental, the rental invoice would be supporting evidence.

Revisit (Rebuttal) Evidence

• Revisit evidence directly refutes the responding company’s damage dispute and may include the following:
  • An estimate to prove the damages warranted the vehicle being declared a total loss.
  • Invoices that provide a breakdown for towing and storage damages or sublet operations.
• This is allowable when evidence was initially provided to support the amount sought.

Concurrent Coverage Disputes

• Provide the applicable policy language and note the page number for the arbitrator.
• Highlight or underline the policy language to review.
• Ensure that it is the correct coverage area (i.e., liability or collision coverage).
• If part of the damages are excluded, this can be raised as a damage dispute.
• A denial of coverage related to primacy of coverage won’t remove jurisdiction.
• There is no jurisdiction if no liability policy is in effect or a complete denial of coverage has been issued.

Post-Decision Inquiry (PDI)

• Half of the PDIs filed do not meet the criteria for a PDI.
• Refer to Rule 4-2 in the Reference Guide to AF’s Agreements and Rules for important details about what AF can change in a published decision.
• Do not file a PDI if you:
  • Disagree with the arbitrator’s decision.
  • Believe the arbitrator misunderstood the facts.
  • Think the arbitrator misread the evidence (except switched companies).
  • Feel the arbitrator did not comment on specific evidence.
  • Want credit for a payment that was not shown as cashed for the arbitrator.
  • Think the arbitrator made the “default decision” when the responding company answered the filing.

Quick Tips

• AF articles should not be submitted as evidence. Please use the current AF Reference Guide or the Guide For Arbitrators for the most relevant information on how AF Rules are interpreted.
• Use embedded evidence judiciously (no more than three items when necessary).
• Prior payments
  • Don’t submit payments that are not cashed.
  • Don’t include prior award payments in supplemental damage filings.