Archive

Tag: motor vehicle
  • Agree to Disagree: Appointment of an Umpire by the Magistrate

    Several summers ago, I was stuck in Myrtle Beach traffic when the car behind me failed to stop in time, and her bumper met my bumper. There was no question of liability because the other driver was clearly at fault. Fortunately, her insurance company did not dispute the amount of damage to my vehicle, but such agreement on damage is not always the case. When the claimant and the insurance company fail to agree as to the difference in the fair market value of the vehicle immediately before and after the accident, the appraisers get to work. However, sometimes even the appraisers cannot agree on the value, so a third appraiser is needed to serve as an umpire. When the appraisers are unable to select an umpire, a magistrate may then receive a request from either the claimant or the insurer for the appointment of an umpire pursuant to G.S. 20-279.21(d1). This post will explore how a magistrate handles such a request.

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