espeed filing program user's guide - arbfile.orgs_guide.pdfespeed filing program user's...

ESpeed Filing Program User's Guide

i

Table Of Contents Introduction .................................................................................................................................1

The ESpeed Filing Program....................................................................................................1

About This Guide.....................................................................................................................3

Before You Begin.....................................................................................................................4

Browser Requirements for Arbitration Forums’ Web Site.......................................................4

Common Conventions .............................................................................................................5

Part1 Getting Started...................................................................................................................7

Moving Around the Arbitration Forums Web Page....................................................................7

Accessing the ESpeed Filing Program ....................................................................................9

Selecting An ESpeed Filing Transaction ...............................................................................11

Introducing ESpeed Navigation Bar and Buttons...................................................................13

Part2 Add New Case.................................................................................................................15

Finding Member Company Information...................................................................................15

Verifying and Entering Your Company Information .................................................................17

Company 1 Information..........................................................................................................18

Case Information ...................................................................................................................19

Remittance Information..........................................................................................................21

Entering Company 2 Case Information...................................................................................22

Entering Your Contentions .....................................................................................................23

Company 1 Contentions.........................................................................................................24

Company 1 Applicable Local Laws.........................................................................................26

Entering Your Evidence .........................................................................................................27

Identify the Evidence..............................................................................................................28

Describe the Evidence ...........................................................................................................29

Entering Your Damages.........................................................................................................31

Damages Entry......................................................................................................................32

Table Of Contents

ii

Company 1 Itemized Damages Entered.................................................................................33

Reviewing the Case Summary ...............................................................................................34

Submitting Your Case ............................................................................................................36

Part3 Respond To Case ............................................................................................................39

Selecting A Case For Response ............................................................................................39

Reviewing Company 1 Case Summary ..................................................................................42

Verifying and Entering Response Information.........................................................................43

Company 2 Information..........................................................................................................44

Company 2 Case Information.................................................................................................45

Company 2 Remittance Information .......................................................................................46

Entering Affirmative Defense Information ...............................................................................47

Entering Company 2 Contentions...........................................................................................49

Company 2 Negligence and Contentions ...............................................................................50

Company 2 Applicable Local Laws.........................................................................................52

Entering Company 2 Evidence...............................................................................................53

Identify Company 2 Evidence.................................................................................................54

Describe Company 2 Evidence ..............................................................................................55

Entering Company 2 Damages ..............................................................................................56

Company 2 Damages Entry ...................................................................................................57

Company 2 Itemized Damages Entered.................................................................................58

Reviewing Company 2 Case Summary ..................................................................................59

Submitting Company 2 Case..................................................................................................61

Part4 Award Pay .......................................................................................................................63

Getting the Decision...............................................................................................................63

Reviewing Case Decision Summary.......................................................................................65

Following Up On An Unpaid Award ........................................................................................67

Submitting Nonpayment Notice..............................................................................................68

Part5 Case Lookup....................................................................................................................71

Table Of Contents

iii

Searching For A Case............................................................................................................71

Monitoring My Watches List ...................................................................................................72

My Cases In Process..........................................................................................................73

Part6 Edit Case.........................................................................................................................75

Edit Case...............................................................................................................................75

Company 2 Correct Response ...............................................................................................76

Part7 Withdraw Case ................................................................................................................77

Withdraw Case ......................................................................................................................77

Company 2 Void Response....................................................................................................78

Part8 Refile Case ......................................................................................................................79

Submitting Refile Case Information.......................................................................................79

Part9 Case History ....................................................................................................................81

Viewing Case History Information ..........................................................................................81

Glossary....................................................................................................................................83

Index.........................................................................................................................................89

1

Introduction

The ESpeed Filing Program Congratulations on your decision to participate in Arbitration Forums’ (AF’s) ESpeed Filing Program. ESpeed Filing is a highspeed electronic filing program for automobile liability and damage claims. This program will complement AF’s Automobile Subrogation Arbitration Forum to make the arbitration process quicker and easier than ever.

ESpeed Filing is designed for twoparty claims for which Company 1's disputed claim amount does not exceed $3,500, and Company 2's counterclaim does not exceed $25,000. More than 40 percent of the auto physical damage arbitration cases handled by AF each year qualify for the program.

Quick and Easy

With ESpeed Filing, the time from date of filing a claim to posting of a decision is 30 days or less. Consequently, claims representatives can resolve more subrogation disputes in less time, resulting in greater overall recovery. The decisions are final and binding. Onstaff arbitrators with extensive claims experience and problemsolving and analytical skills thoroughly review each case and make the decision based on the information provided.

To ensure the integrity of the program, AF developed a quality review and indepth audit process, in which AF will perform periodic audits of participating companies’ claim files. In addition, AF has a customer support program to help customers use ESpeed Filing and address their questions and comments.

ESpeed Filing also includes these important features and benefits:

There are only four arbitration rules in the program. They’re simply written and easy to understand.

There are only five affirmative defenses: No coverage. More than two parties involved. Previously filed in AF’s Auto Subrogation Arbitration Forum. Expiration of the statute of limitations. Company 2's damages exceed $25,000

Each electronic application generates an automatic counterclaim.

No document submissions are needed.

The audit process verifies supporting documents.

There is no need for copies or mailings.

Company 1 must file for both liability and damages

There is no appeal process.

There are no extensions, deferments or adjournments.

The arbitrators are neutral AF employees with P&C claimhandling experience.

Company names are hidden from arbitrators to eliminate the possibility of bias.


2

Decisions are rendered in 30 days or less.

Introduction

3

About This Guide This guide is organized as a comprehensive reference and is arranged by task. To help you become familiar with the ESpeed Filing Program, Arbitration Forums (AF) developed this companion user guide. Because people’s learning styles vary, we’ve designed this guide to be thorough enough to accommodate people who are more comfortable with details, yet organized so that experienced users can quickly look up information.

This user guide contains a detailed system walkthrough, a glossary of commonly used terms, answers to the most frequently asked questions about ESpeed Filing, and helpful tips for using the program efficiently and effectively. However, when you use this guide, we want to ensure that you have the information you need to succeed. The following is a diagram of the ESpeed Filing process.


4

Before You Begin There are seemingly hundreds of books on the market about how to get connected to the Internet, and lots of books about how to use the World Wide Web. This guide isn’t one of them. You must have a working connection to the Internet, a World Wide Web browser such as Internet Explorer, or Netscape available to you, and that you’ve used it at least a couple of times to participate in the ESpeed Filing Program. If you have these simple qualifications, then read on!

However, you do not need to be an Internet expert. While individual companies have their own rules for providing Internet access to their employees, Arbitration Forums (AF) is committed to working with each company to make accessing the ESpeed Filing Program simple and efficient. Although there are several ways to access the Internet, those methods share many common features. One is the browser which is part of the first screen to appear on your computer after logging on to the Internet. It usually displays the Internet Service Provider or your company’s home page.

The easiest way to go to the AF’s Web site, type www.arbfile.org in the Address bar and then click Go button or press the Enter key. Once you’re on AF’s Web site, consider adding it to your list of favorite Web pages. This will save you time in getting to the important information you’ll need when filing or responding to cases. Because Web browsers are universal, follow the instructions that come with your browser to add Arbitration Forums Web site to your favorites list.

Browser Requirements for Arbitration Forums’ Web Site

Arbitration Forums recommends the latest versions of either Microsoft Internet Explorer or Mozilla (Netscape). The web site is known to be compatible with Microsoft Internet Explorer 4 and above on Windows, as well as all Mozilla Gecko engine based browsers (Netscape 6 and above, Mozilla 9 and above) on Windows and Linux. All Netscape versions 4 and below, as well as the Opera web browsers are explicitly blocked from accessing the site due to known incompatibilities.

Other browsers on other platforms may work with the site but are not supported by Arbitration Forums, Inc. Please contact us ([email protected]) if you are having problems with one of these browsers.

Introduction

5

Common Conventions The following chart lists the commonly used conventions in this guide.

When you see: This is what it means:

BOLD A word or phrase you will see on your computer screen.

Example: File, Open . . ., OK

Italics

A word or phrase used for emphasis.

Example: There is no condition precedent . . .

Refers to a title of a document.

Example: Automobile ESpeed Filing Forum Agreement

Refers to the name of a page or computer screen in the ESpeed computer program.

Example: Select Options page.

Button

A rectangularshaped object that you use to cause the ESpeed program to do something.

Example: This button allows you to go to the next page.

NOTE: Notes point out items that you need to be aware of and a way to provide some extra information on a topic.

Tips are reserved for special attention.

Click or Double Click

"Click" refers to depressing and releasing the "button" on your mouse.

“Double Click” refers to quickly depressing and releasing the “button” on your mouse two times.

Dropdown Menu A list that appears when you click on a certain word or button.

7

Part1 Getting Started

Moving Around the Arbitration Forums Web Page The Arbitration Forums (AF) Web site now has many new features. The screen you see below is the AF Web page when you are not logged into the ESpeed Filing Program.

When you are not logged into the ESpeed Filing Program, you have three menus located at the top menu bar:

Home — This returns you to the AF Web page.

Member Directory — This allows you to search for all AF programs. You can search by company number, subsidiary name, or the group name.

ESpeed — This dropdown menu takes you to introductory material about the ESpeed Filing Program. When you click this dropdown menu, you will find two options:

1. The About ESpeed option takes you to the ESpeed Filing reference documents that you can download. All of these documents are PDF files. You will need Adobe's Acrobat Reader


8

to view the documents. Once you download the document you need, you can save it to your computer and print pages as needed.

2. The View ESpeed Members option gives you access to the uptodate list of signatories (E Speed members) to the ESpeed Filing Program.

Now that you have seen what the AF Web site looks like without logging into ESpeed Filing, let's login. Our new Web site provides you with the capability to log onto the ESpeed Filing Program directly from the AF Web site.


9

Accessing the ESpeed Filing Program To complete the login process and access the ESpeed Filing Program, you need a User ID and Password. Your Security Administrator controls the user names and passwords used by your company. See your supervisor if you have not been assigned a User ID and Password.

NOTE: If your organization is using an integrated login to access ESpeed, the system will bypass the following steps.

1. Type your User ID in the appropriate field, then press the Tab key on your keyboard. The cursor will move to the Password field.

2. Type your password. As you type your password, an asterisk will substitute each character. This is a security measure to prevent others from seeing your password.

3. Click the Login button. If you are unable to logon to ESpeed Filing, an error message appears.

If you forgot or lost your password, click the Lost Password button. This will provide you with instructions for recovering your password. Your identity is challenged in the following steps:

1. Enter your Login ID at the prompt.

2. Click Accept.

3. Answer the Challenge Question. The answer to this question was entered by the Security Administrator — or you, if you have edited your password. If you continue to experience login problems, contact your Security Administrator.


10

Passwords and User ID are case sensitive. For example, you must enter all lowercase letters if you were assigned a password in lowercase.


11

Selecting An ESpeed Filing Transaction Once you have successfully logged into Arbitration Forums (AF) Web site, all of your ESpeed Filing transactions are just a click away. At the top of the AF Web page is the menu bar, click E Speed dropdown menu and select an option from the list. Following is a brief description of each of these options:

About ESpeed Select this option to go to the ESpeed Filing reference documents that you can download. All of these documents are PDF files. You will need Adobe's Acrobat Reader to view the documents. Once you download the document you need, you can save it to your computer and print pages as needed. My Watches Select this option to review (or watch) the status of your Watched Dockets, Watched ESpeed Filing Cases, and ESpeed Cases in Process. My Watches can be accessed from ESpeed or Member Access menus.

Case Search Select this option to determine the status of a specific case. You can search for a case by entering a AF docket number, ESpeed case number, claim/policy number, or the name of the insured member. Add Case Select this option to file a case in the ESpeed Filing Program. This program is limited to two parties: Company 1 and Company 2. When you enter a new case, your company is identified as Company 1. (You must wait a minimum of 30 days following the date of a loss before you can file a case in ESpeed.) At the time of filing, Arbitration Forums (AF) will charge Company 1 a filing fee. Respond to Case Select this option to answer a case filed against you. You have 25 days from the date the case was filed to submit your answer. The ESpeed Filing Program automatically recognizes and processes a response with a counterclaim if you have firstparty coverage, accrued damages, and Company 1 has liability coverage. Issue Award Nonpayment Notice Select this option if an award has not been received within 15 days from the decision date, a company may use this option to notify AF. A company with any awards against it must pay all awards within 10 days from the date they received the emailed decision. AF will send an electronic notification to the nonpaying company. A fee for this service will be charged to the nonpaying company. Recent Decisions Select this option to sort published decisions for the last 10 days, last month, last quarter or the last year in its entirety. You can also narrow your search by state and claim or policy number. View ESpeed Members Select this option to access the uptodate list of signatories (ESpeed members) to the ESpeed Filing Program. ESpeed Response Tutorial Select this option to view a 12minute tutorial illustrating how to respond to an ESpeed Filing.


12

ESpeed FAQ Select this option to find answers to our most frequently asked questions.

Now that you’ve been introduced to the ESpeed Filing options and have successfully navigated to the ESpeed dropdown menu, let’s learn how to add a case.


13

Introducing ESpeed Navigation Bar and Buttons When you first start the ESpeed Filing Program, the navigation bar and buttons are visible on the screen. Take a moment to familiarize yourself with the ESpeed work environment. Along the top of the screen is the navigation bar that identifies your location in an ESpeed Filing transaction.

For example, in the navigation bar above, the user has logged on to ESpeed >, decided to Add Case >, and has started to enter a new case on Page 1 of 7.

Below the navigation bar are the ESpeed buttons that appears at the top and bottom on most transaction screens. These buttons performs a specified function when activated. You activate the buttons by simply clicking it with a mouse. The list below is the most commonly used buttons in daytoday operations while using the ESpeed Filing Program.

Button: Purpose:

The Cancel button gives you the choice of voiding your entire transaction or temporarily saving any inputs. The Cancel Confirmation screen appears which allows you to confirm that you would like to cancel the current ESpeed case operation. You can save or void the inputs made up to the point when you click this button. This feature permits you to leave ESpeed Filing and return to the same transaction later.

The Next button moves you to the next screen only after you’ve entered the required information on the current screen. If you click this button before entering the required information, a red message will appear informing you of what you need to do before moving to the next screen. The Next button also acts as a Save Work button. Each time you click the Next button, all of the information you have entered to this point will be saved. If you lose your Internet connection, the data will be there the next time you log in. When you return to your case, the Add or Response Cases In Process Listing screen appears which allows you to continue working with the current case or begin working on a different case.

The Previous button takes you to the page immediately preceding the one you’re on. This button is helpful if you need to check or correct a previous entry.

The Save Work button permits you to leave ESpeed Filing and return to the same transaction later. When you return to your transaction, the Add or Response Cases In Process Listing screen appears which allows you to continue working with the current case or begin working on a different case.

15

Part2 Add New Case

Finding Member Company Information When you’re ready to file a case in the ESpeed Filing Program, click Add Case from the E Speed dropdown menu. This will take you to the following screen:

NOTE: Company 1 is required to identify Company 2 before entering any additional information. If Company 2 is not a signatory to the ESpeed Agreement, you are unable to continue. You may view a list of current members from the AF Web site.

You should now be on Add Case > Page 1 of 7. There are two main steps in this part of the transaction:

1. Enter the name of the company against which you are filing a claim.

In the Search for Company 2 field, type the name of the company against which you are filing a claim. The company filing the claim is known as Company 1, and the company being filed against is known as Company 2.

NOTE: ESpeed Filing allows two representatives from the same company to file against each other. A company may use the ESpeed Filing Program to improve its closing ratio and the customer’s satisfaction due to faster return of the deductible.

2. Search for and select the correct subsidiary.

After entering Company 2 name, click Search to the right of the Search for Company 2 field. A list of subsidiaries appears in the Company Search Results section. Scroll down the list until you find the correct subsidiary, and click it. The name of the subsidiary you select appears in the Selected Company field in the Locate Member Company section. Once both the Search for Company 2 and Selected Company fields are complete, verify that the information is correct, click Next.


16

Only ESpeed member companies will appear on the dropdown list. Companies may exclude specific subsidiary companies. Use caution when selecting the proper company/subsidiary.

There is no condition precedent in the ESpeed Filing Program as in other AF programs. As stated in ESpeed Filing Rule 2a, the Company 1 representative must provide Company 2’s company code or name; claim representative’s name; insured’s name; the date and place of the alleged accident, loss, or other insured event; and a policy or claim number.

Part2 Add New Case

17

Verifying and Entering Your Company Information You should now be on Add Case > Page 2 of 7. This screen has three sections: Company 1 Information, Case Information, and Remittance Information. The ESpeed Filing system has automatically completed certain entries for you. You will need to verify and/or enter information in each section.

NOTE: If you have not entered any data for approximately 1 hour, the ESpeed Filing system automatically stops responding and you will lose your connection. The only information saved (temporarily) are the screens where you've completed work and clicked the Next, Previous, or Save Work buttons.


18

Company 1 Information In this section, you will record important information about your company. (Remember: The company filing the claim is Company 1; the company being filed against is Company 2.) Make sure this information is correct.

The first entry is your company’s name. On the right side of the Company 1 Name field is a button with a down arrow. A dropdown list will appear when you click this button. Locate your company’s name in this list, then click it.

The second entry is the subsidiary ID. Just as when you selected your company’s name, click the arrow next to the Subsidiary ID field, and select the correct subsidiary code and name.

NOTE: The ESpeed system depends on accurate entries. If the company’s name or subsidiary ID is incorrect, you can change it.

The third entry is your company’s billing code. Again, use the dropdown list to select the correct billing code that AF has assigned to your company. If you do not know the correct billing code, ask your supervisor for assistance.

Part2 Add New Case

19

Case Information In this section, you will verify or enter specific information about the case you are filing. Use the Tab key to move from one entry field to the next. The following is a brief description of the Case Information fields:

Insured Type: Indicate if your insured is covered by a personal or commercial policy by selecting the correct option from the dropdown list.

Insured First Name/Last Name or Insured Company Name: The insured type you selected will determine what information you enter next. If you selected Commercial, a single box will appear in which you must type the insured’s company name. If you selected Personal, two boxes will appear in which you must type the insured’s first and last names.

Claim/Policy Number: Type the claim number or the policy number for your insured.

Date of Accident: Type the date the accident or loss occurred. The ESpeed Filing system will not process the case if the filing date is fewer than 30 days after the accident or loss. See Rule 2 of the ESpeed Filing Program Rules and Regulations.

City: Type the city where the accident occurred. The accident, insured events, or loss must have occurred in the United States, Puerto Rico, or the U.S. Virgin Islands, according to Rule 1 of the ESpeed Filing Program Rules and Regulations.

State: From the dropdown list, select the state where the accident occurred.

Rep. First Name/Last Name: Verify that the information in this entry is accurate. If it is not, type the name of your company’s representative who is handling the claim.

EMail Address: This should be your company’s designated email address. Make sure it is correct. The ESpeed Filing system will send caserelated electronic correspondence to your company.

Phone Number: Type your office area code and phone number so the Company 2 representative can contact you if needed.

Assigned To: Your user ID appears here. This is a manager/supervisor tool for tracking who is responsible for a particular case. It is also a tool that allows you to search for your case by your


20

name. We recommend leaving your user ID in this field for your convenience. (Please do not think that this field allows you to assign a case to someone else.)

Part2 Add New Case

21

Remittance Information In this section, you must verify the address where a payment, if awarded, should be sent. (The E Speed Filing system automatically completes this section once the information is entered and correct.) It is critical that this information be accurate. It will be prefilled on subsequent case filings. If the address is incorrect, make the necessary corrections.

If your company has predefined the remittance addresses for you, select the address you want from the dropdown list. After verifying the address, take a moment to review the case and ensure that all Company 1 information is correct. Click Next to go to Add Case > Page 3 of 7.


22

Entering Company 2 Case Information You should now be on Add Case > Page 3 of 7. You entered Company 2’s name earlier. Now you will enter additional facts about this specific claim. In the ESpeed Filing Program Rules and Regulations, Rule 2a requires Company 1 to provide this information.

As you can see in the example above, the entries on this page are similar to those for the Case Information section you completed for Company 1. Be sure the information you enter now applies to Company 2. The EMail Address field should already be completed. The ESpeed Filing system selected this address based upon the state where the accident happened and the subsidiary code entered on Add Case > Page 1 of 7. Company 2 assigned the email address to the particular state and subsidiary.

Make sure Company 2’s insured name and claim/policy number are correct. This is how Company 2 will identify the loss. An inaccurate insured name and claim/policy number entry could cause Company 2 to deny coverage. Complete and verify each entry on this screen, click Next to go to Add Case > Page 4 of 7.

Part2 Add New Case

23

Entering Your Contentions You should now be on Add Case > Page 4 of 7. Here you’ll have an opportunity to tell your side of the story. This screen has three very important sections: Company 1 Vehicle Information, Company 1 Contentions, and Company 1 Applicable Local Laws. In the Company 1 Vehicle Information section provide a description of the make, model, and year of the insured vehicle.


24

Company 1 Contentions In this section, you will enter the negligence type for the state where the loss occurred and contentions. In the Company 1 Contentions section, from the dropdown list box, select the Negligence Type that applies to your claim.

A definition of the negligence type you select will appear in the Negligence Description field. The negligence type you select must match the law in the accident jurisdiction.

Your contentions should paint a picture of the accident scene and events. It is important that your contentions and evidence are consistent with and complement each other.

Writing an effective contention does not have to be timeconsuming. You can quickly convert a wellwritten case summary into contentions. If you have an electronic text version of the summary, simply use the “Copy” and “Paste” features of Windows to move portions of or the entire summary into the Contentions field.

Make sure that your contentions are thorough and persuasive and well supported by your evidence descriptions. Do not misrepresent the facts. We cannot overemphasize honesty! Remember that AF has an audit process to ensure the integrity of the ESpeed Filing Program. You can compare your contentions description to the example, as shown here.

Company 1 Example Contentions

This accident involves a disputed traffic signal light at the intersection of Dodecanese Boulevard and North Pinellas Avenue in Tarpon Springs, Florida. Company 1 contends he had a solid green light in his direction of travel and Company 2 had a solid red light.

Company 1 was driving a 1997 Isuzu Rodeo eastbound in the right thrulane of Dodecanese, facing a solid green light. Company 1’s speed was less than 25 mph and well below the posted 30 mph limit. Company 2, driving a 1999 Chevy Malibu, was in the northbound, leftturn lane of North Pinellas Avenue and entered the intersection directly in the path of Company 1. Company 1 contends that two or three cars had proceeded through the intersection on the solid green light, and during a slight break in traffic, Company 2 accelerated rapidly and pulled out in front of him. Company 1 slammed on his brakes and sounded his horn but was unable to avoid colliding with Company 2.

Company 1 stated Company 2 did not talk to him after the accident. Instead, she talked to a young girl on the street corner until the police arrived. Company 1 overheard this young girl repeating everything Company 2 had told her to say to the police officer and questions whether this child actually saw the light. Company 1 has made several unsuccessful attempts to contact the parents (who have been uncooperative) of this possible witness. Company 1 questions the credibility of the “witness” due to her age and the uncooperativeness of her parents.

Company 1 contends Company 2 is primarily responsible for this accident due to:

Part2 Add New Case

25

• Failure to remain stopped until a green indication is shown, according to FL 316.075. • Failure to cautiously enter the intersection when turning left, as required by FL 316.075. • Driver inattention. • Improper lookout.

Company 1 is seeking full recovery of $1,915.50 plus the $200 deductible. Company 1 respectfully requests the arbitrator rule in their favor.

We recommend that you do not use company names when writing your contentions. Refer to the parties as Company 1 and Company 2 (e.g., Company 1’s insured, Company 2’s vehicle, etc.). The arbitrators do not have access to the company names, which ensures neutrality by removing any potential bias.

There are no rebuttals or amendments in the ESpeed Filing Program. Therefore, it is critical to file your best case. You must address any defenses or counterclaims anticipated from Company 2 in your contentions and evidence. To insure that you are prepared for Company 2's response and counterclaim, Company 1 must prove both liability and damages. If you have policy limit issues with a counterclaim, you need to address them now in your contentions.


26

Company 1 Applicable Local Laws If necessary, provide a brief summary of any local law that is crucial to the outcome of your case. However, it is not necessary to enter the full text of the law.

AF’s arbitrators have extensive claims experience, so word this information as if you were explaining it to another claims representative in your office. If the law is unclear, explain how the law applies to your specific case.

After you enter any applicable local law, review the three sections on this screen. If everything is correct, click Next to go to Add Case > Page 5 of 7.

Part2 Add New Case

27

Entering Your Evidence You should now be on Add Case > Page 5 of 7. Here you will support your contentions with the evidence. This involves two basic steps for each item of evidence: identifying the type of evidence you have and then describing it. You will perform these steps in the Evidence Item Entry section.


28

Identify the Evidence ESpeed Filing makes entering evidence easy by providing an alphabetized dropdown list of the most frequently used types of evidence. Simply scroll down this list and select the type of evidence that matches the actual evidence you have in the claim file.

NOTE: Not all possible evidence items are available in the evidence type dropdown list. If you are certain that the evidence item you want to include is not available, select “Other” from the dropdown list, and then identify and describe it in the Description box. Do not use “Other” for items that are included in the dropdown list.

Part2 Add New Case

29

Describe the Evidence Describe the selected evidence in the Description field, and explain how it supports your contentions. It is the combination of good contentions and welldescribed evidence that establishes facts for the arbitrator.

Your close involvement and investigation make the facts of your case clear to you. This is not necessarily true for the arbitrator who is viewing this file for the first time. Therefore, your evidence descriptions and how they support your contentions are extremely important in ESpeed Filing.

If you are satisfied with your evidence description, click + Add Item. You can change any entered description before clicking + Add Item. Just highlight the words or characters that you want to change and replace them with the new information. Repeat these steps for each item of evidence. After you enter an item, it will appear in the Company 1 Evidence Entered section. You can compare your evidence description to the examples shown below.

Make sure you identify and describe all evidence items that support your contentions and/or damages. If you want to change an item, click Edit to the right of the item description. You can then reenter the item with any changes. If you want to eliminate an item, click Delete to the right


30

of the item description. This will delete the item. Review your evidence list, make any corrections. Click Next to go to Add New Case > Page 6 of 7 where you will record your damages.

Part2 Add New Case

31

Entering Your Damages You should now be on Add Case > Page 6 of 7. This is where you enter your damages. This screen is divided into three sections: Company 1 Damages, Damages Entry, and Company 1 Itemized Damages Entered.

In the Company 1 Damages section you need to provide the following information:

1. Whether you have liability coverage for the policy.

2. The liability deductible, if any.

3. The percentage of liability admitted, if any.

This information is necessary because of the automatic counterclaim in the ESpeed Filing Program. Using the dropdown list, answer the question, “Do you have liability coverage for this policy?” If you select No, move to the Damages Entry section.

If you select Yes, enter the amount of liability deductible, if any. Then, if you believe your insured contributed to the accident, enter the percentage of liability admitted.


32

Damages Entry In this section you select the type of damage your insured’s vehicle sustained and a description of that damage.

ESpeed Filing has listed general types of damages in a dropdown list. Scroll down the list, and select a type. In the Description field, describe the damage. In the Amount field, enter the related expense. If there is more than one item of damage, click +Add Item button, and repeat this step.

NOTE: The damage items entered must be contractual payments made by your company. You cannot include normal operating or the insured’s outofpocket expenses (see Rule 2b of the ESpeed Filing Program Rules and Regulations).

Part2 Add New Case

33

Company 1 Itemized Damages Entered As you enter each damage item, it will appear in the Company 1 Itemized Damages Entered section. The sum of all itemized damages are displayed in the Total Itemized Damages field. In the event that your insured vehicle was deemed a total loss, enter the amount recovered for salvage in the Net Salvage Recovery field.

If the total does not match the amount you actually paid on behalf of your insured, review each item on this list and make changes as appropriate. This step is similar to revising a description of your evidence. Simply click Edit next to the item if you wish to make changes or Delete if you would like to remove the item.

Once all itemized damages have been entered, your next step is to record the damages you are seeking. You can enter up to the amount listed under the Total Itemized Damages field. Record this amount in the Total Recovery Sought field.

NOTE: The Total Recovery Sought cannot exceed the monetary limit in Rule 1 of the ESpeed Filing Program Rules and Regulations.

After entering the Total Recovery Sought, enter your Insured’s Deductible. The sum of the Total Recovery Sought and the Insured’s Deductible may exceed the monetary limit. The monetary limit applies only to the amount of damages your company is seeking to recover. Carefully review all of your entries on this screen, click Next, which will take you to Add Case > Page 7 of 7, to view your case information.


34

Reviewing the Case Summary You should now be on Add Case > Page 7 of 7. This screen contains all of the information you’ve entered into the ESpeed Filing system to this point. It gives you one last opportunity to ensure that the information is correct before submitting the case.

As such, it’s a good idea to carefully review each section on this screen. Use the Previous button to return to the entry screens of the sections you want to correct. After making the correction(s), click Next to return to this case summary information.

There are no rebuttals, amendments, deferrals, or adjournments in the ESpeed Filing Program. Therefore, it is critical to file your best case. You must address any defenses or counterclaims anticipated from Company 2 in your contentions and evidence. Be sure you have included evidence to prove both liability and damages. If you have policy limit issues with a Counterclaim, you need to address them now in your contentions.

You have ten main sections to review and to make sure all your entries are accurate. Use the scroll bar on the right to page down to view all of the sections. The following checklist is a tool to help you when reviewing these sections before submitting your case information.

Incident Information ___ Does this information match the information in your claim file?

Company 1 Applicable Local Laws ___ Do they make sense? ___ Does the brief summary say what you want it to say?

Company 1 Evidence Items ___ Are all items included? ___ Does each description tie the related evidence item to your contentions? ___ Does your evidence consistently support your contentions?

Part2 Add New Case

35

Company 1 Itemized Damages ___ Have all damages been recorded and verified that the amounts are correct?

Doublecheck the following sections for accuracy ___ Company 1 Information ___ Remittance Information ___ Company 1 Claim Information ___ Company 1 Contentions ___ Company 2 Information

When you are satisfied with your case information, click Finish, which is used only to submit your case to Arbitration Forums (AF’s) database.

WARNING! DO NOT CLICK THE Finish BUTTON UNTIL YOU HAVE REVIEWED AND MADE ALL CHANGES TO YOUR CASE AND ARE READY TO SUBMIT THE CASE! CLICKING THE Finish BUTTON SUBMITS THE CASE TO THE AF DATABASE, AND YOU WILL NOT BE ABLE TO MAKE ANY FURTHER CHANGES.


36

Submitting Your Case You should now be on Add New Case (ID number) > Finished. The ESpeed Filing system displays a Case Added Successfully to let you know your case has been filed in the ESpeed Filing Program. This screen also provides information for future reference to the case. It is extremely important that you make sure you receive this confirmation before leaving the ESpeed Filing system.

Recently submitted cases have a status of Pending Notification EMail. This means that the E Speed Filing system will send you an email stating that AF has received the case. Company 2 will also receive a notification email stating there has been an ESpeed Filing against its company. The following is an example of a notification email.

From: <[email protected]> To: <[email protected]> Date: 06/01/03 2:44PM Subject: ESpeed Filing Received Case: 10000171

Your filing in Arbitration Forums’ ESpeed Filing Program has been received. The case information is outlined below:

Case Number: 10000313 Your File Number: ALPHA5437937602 Your Insured First Name: WRIGHT Your Insured Last Name: STRAIT Company #2 Must Answer By: June 26, 2003 Case Will Be Heard By: July 01, 2003

You can view the case using the following link: http://www.arbfile.org/DBWEB/Pages/pgESSummary.html/id=10000313

Thank you for participating in Arbitration Forums’ ESpeed Filing Program!

When filing an ESpeed Filing case, by default the case will be added to your "my watches" list. Click My Watches to view cases that are in your watches list. This is a great way for you to monitor cases of importance to you.

Part2 Add New Case

37

Click View Case Summary to see the summary of the case. This will take you to ESpeed > Case Summary. You can print the case summary you entered by opening the File Menu from the web browser toolbar and select Print.

You’ve just learned how to enter a new case. Next, you'll learn how to respond when a case has been filed against you.

39

Part3 Respond To Case

Selecting A Case For Response Once ESpeed Filing processes the filing of a case, there are two ways to find out if a case has been filed against you. In the first method, ESpeed Filing sends you an email notification such as the one below:

From: <[email protected]> To: <[email protected]> Date: 06/01/02 2:44PM Subject: ESpeed Filing Against Your Company Case: 10000171

A filing has been made against your company in AF’s ESpeed Program. Your last day to respond and related case information are outlined below:

Case Number: 10000313 Your File Number: B2910124001 Your Insured First Name: MIA Your Insured Last Name: TURNER Last Day to Answer: June 26, 2002 Case will be heard by: July 01, 2002

You can view the case using the following link: http://www.arbfile.org/DBWEB/Pages/pgESPResponse.html/id=10000313


The notification email contains general information about the case and exact deadlines for responding. You have 25 days from the filing date as stated in Rule 2 of the ESpeed Filing Program Rules and Regulations. For a summary of the case, click the link (i.e., http://www/arbfile.org/DBWEB/ . . .) near the bottom of the email.

NOTE: If you have not read "Getting Started" in this user guide, we recommend reading it before beginning this topic. The "Getting Started" topic contains important information about how to log on to the ESpeed Filing system and select a transaction.

In the second method, once you login the AF Web site, click ESpeed dropdown menu and select Respond to Case. This takes you to the Respond to Case screen, which lists the case(s) filed against you or your company.


40

The Assign tab is used to appoint selected cases to a specific individual within your company. To assign a name to a case, type the individual name in the Assign Selected Cases To field and click the Assign check box to select a particular case. Click Assign, and the User ID name appears in the Assign category.

The Filter Cases By tab lets you search for cases by using the State, Claim/Policy Number, Responses Due In dates, Response Status, or the Assigned To field that meet specific criteria. The Assigned To field is a manager/supervisor tool for tracking who is responsible for a particular case. If cases have been assigned, you can use this field to search by name. Managers and representatives who are responsible for more than one case will find this feature very useful.

To filter cases, select the State, enter the Claim/Policy Number, select Responses Due In date, Response Status, or enter a Assigned To name. (You only need to enter or select one of these fields to filter case information.) Click Filter, based on the search criteria the screen displays a filter case area. This area lists the case(s) filed against your company requiring a response. Next, select the case to which you want to respond by clicking the appropriate Case ID number.

If more than one case has been filed against you, be sure to consider the Response Due date, and making sure that you respond to each case before the last day to respond date is reached. Furthermore, make sure you have all the information on the case that you will need before you begin to respond. Review the list of cases and general information about each case.

For details about a specific case, click the appropriate Case ID number to display the case summary information. However, if you simply want to look at a case, we recommend using Case Search. When you select a case, you will go to ESpeed > Case Summary screen. The following are the eight categories of information about each case:

Case ID The case docket number assigned by ESpeed Filing system. Click the Case ID number for the appropriate case. These numbers may also be used in Case Search. Click the Watch button located to the left of the docket or case number to include the selected case(s) in your "my watches" list.

Assign Shows the user name who is responsible for a particular case.

File No Your claim file number for this loss or your insured’s insurance policy number.

Insured The name of the insured involved in the accident or loss.

Response Due This is a very important category for Company 2. The ESpeed Filing system will not accept a response after midnight Pacific time on this date. No response from Company 2 will result in the arbitrator’s rendering a decision based only on Company 1’s filing. The ESpeed Filing Program Agreement states: The arbitrator will base his/her decision upon the facts and application of local law as presented in the contentions and will not render a default judgment. No response from Company 2 does not necessarily mean an automatic decision in favor of Company 1, if Company 1 did not prove its case. However, your odds for not having to pay, or pay as much, are better if you respond. Remember: If there were damages to your insured vehicle, an ESpeed Filing response automatically results in a counterclaim.

State The state where the accident occurred.

Representative The name of your company's representative who is handling the claim.

Locked By Shows the user name of a person who was entering a response but stopped for an extended period (e.g., clicked Cancel on an entry page). In addition, when a person is currently working on a case or has saved a partially completed case, the user name is listed under the


41

Locked By category. This means no one else can work on that case except that individual. The person can continue working on the case by clicking the appropriate Case ID number.

NOTE: You can click a category heading, and the ESpeed Filing system will sort the cases alphabetically. When you click once, they sort in ascending order, clicking twice sorts them in descending order.


42

Reviewing Company 1 Case Summary You should now be on ESpeed > Case Summary, where you will be able to review the information Company 1 has provided about its case against you. Take time to review this information closely to help you prepare your response. There are several sections on this screen. Therefore, use the scroll bar on the right to page down to view all of the sections. You can return to this case summary information and review Company 1’s case anytime while you are entering your response.

The case summary reflects the current state of the ESpeed case. The case summary information provides you with actions that can be performed on the case based on your security credentials and the status of the case.

After reviewing Company 1’s case, click Enter Response. This will take you to ESpeed > Respond to Case > Page 1 of 6.

NOTE: Company 1’s and Company 2’s evidence descriptions are seen only by the arbitrator. Company 1 is unable to see Company 2’s evidence descriptions, and vice versa.


43

Verifying and Entering Response Information You should now be on ESpeed > Respond to Case (ID number) > Page 1 of 6. This screen has three sections: Company 2 Information, Company 2 Case Information, and Company 2 Remittance Information. The ESpeed Filing system has automatically completed certain entries for you. You will need to verify and/or enter information in each section.

NOTE: If you have not entered any data for approximately 1 hour, the ESpeed Filing system automatically stops responding and you will lose your connection. The only information saved (temporarily) are the screens where you've completed work and clicked the Next, Previous, or Save Work buttons.


44

Company 2 Information In this section, the ESpeed Filing system will display the claim information for your company as completed by Company 1. Because this is your Company's claim information, verify that it is correct. If not, make the necessary corrections by keying over the incorrect data. To make a correction, place your cursor over the appropriate field and doubleclick. This will highlight the entry and allow you to type the correct information.

The Subsidiary Name, Billing Code, Insured Type, and State fields have dropdown list boxes. To correct information in these fields, click the down arrow next to the incorrect information. Move your cursor down the list until the correct entry is highlighted, and then click it. The correct information will appear.


45

Company 2 Case Information In this section, you will verify or enter specific information about the case you are responding to. Use the Tab key to move from one entry field to the next. Following is a brief description of the Company 2 Case Information fields:

Insured Type: Indicate if your insured is covered by a personal or commercial policy by selecting the correct option from the dropdown list.

Insured First Name/Last Name: The insured type you selected will determine what information you enter next. If you selected Commercial, a single box will appear in which you must type the insured’s company name. If you selected Personal, two boxes will appear in which you must type the insured’s first and last names.

Claim/Policy Number: Type the claim number or the policy number for your insured.

Rep. First Name/Last Name: Verify that the information in this entry is accurate. If it is not, type the name of your company’s representative who is handling the claim.

EMail Address: This should be your company’s designated email address. Make sure it is correct. The ESpeed Filing system will send caserelated electronic correspondence to your company.

Phone Number: Type your office area code and phone number so the Company 2 representative can contact you if needed.

Assigned To: Your user ID appears here. This is a manager/supervisor tool for tracking who is responsible for a particular case. It is also a tool that allows you to search for your case by your name. We recommend leaving your user ID in this field for your convenience. (Please do not think that this field allows you to assign a case to someone else.)


46

Company 2 Remittance Information This information is very important. It is the address to which Company 1 will send payment if there is an award for the automatic counterclaim. Check this address carefully, and make any needed corrections as explained in the Company 2 Information section.

If your company has predefined the remittance addresses for you, select the address you want from the dropdown list. Once you’ve verified the Company 2 Information, Case Information and Remittance Information sections, click Next. This will take you to ESpeed > Respond to Case (ID number) > Page 2 of 6.


47

Entering Affirmative Defense Information You should now be on ESpeed > Respond to Case (ID number) > Page 2 of 6. The first step on this screen is to declare whether you have an affirmative defense.

From the dropdown list next to the Affirmative Defense field, select Yes or No. If you select No, your next entry is in the Company 2 Vehicle Information section. In the Company 1 Vehicle Information section provide a description of the make, model, and year of the insured vehicle. Verify each entry in this section and then click Next to go to Company 2 Negligence/Contentions.

If you select Yes, the format of the screen will change so you can explain your defense. If you have an affirmative defense, select it from the Affirmative Defense Raised field dropdown list. There are four affirmative defenses that you can raise in the ESpeed Filing Program:

1. Claim Filed Previously in Auto Forum: If your company has already filed the same claim in AF’s Automobile Subrogation Arbitration Forum, you should include that docket number in your explanation. If there is a conflict regarding the filing dates, the earliest date will prevail.

2. No coverage: Your company did not have liability coverage on the alleged tortfeasor on the date of the accident or loss.

3. Statute of Limitations: The expiration of the statute of limitations.

4. Damages exceed $25,000: Company 2's incurred auto damages exceed $25,000.

5. Involves the interest of another party: Participation in the ESpeed Filing Program is currently limited to two disputing parties. Based upon your explanation, the arbitrator will decide if the unnamed party was a tortfeasor. If the arbitrator determines the unnamed party was not a tortfeasor, he or she will hear the issues and render a decision.


48

After making your selection, type an explanation of the affirmative defense you are raising in the Affirmative Defense Description box. Be very thorough in explaining and supporting your affirmative defense.

If you are extremely confident that all you wish to enter is your affirmative defense (no contentions, evidence, or damages) select Yes from the Override field dropdown list. Click Next to go to ESpeed > Respond to Case (ID number) > Page 6 of 6.

If you want to continue with your response to the case, select No from the Contentions, Evidence and Damages Override field dropdown list. Complete and verify each entry on this screen, click Next to go to ESpeed > Respond to Case (ID number) > Page 3 of 6.

NOTE: Make sure you have a valid affirmative defense before you raise it. In the ESpeed Filing Program Rules and Regulations, Rule 2d warns that an invalid pleading that results in litigation could cause your company to pay Company 1’s reasonable legal expenses and court costs.


49

Entering Company 2 Contentions You should now be on ESpeed > Respond to Case (ID number) > Page 3 of 6. Here you will enter your contentions for the case filed against you. There are three sections: Company 2 Negligence Type Entry, Company 2 Contentions, and Company 2 Applicable Local Laws.


50

Company 2 Negligence and Contentions In this section, you will enter the negligence type for the state where the loss occurred and contentions. In the Company 2 Negligence Type Entry section, from the dropdown list box, select the Negligence Type that applies to the claim.

A definition of the negligence type you select will appear in the Negligence Description field. The negligence type you select must match the law in the accident jurisdiction. The ESpeed Filing system processes automatic counterclaims in many jurisdictions. If your selection conflicts with Company 1’s, AF’s arbitrator will research the current negligence law for that particular jurisdiction and apply it to the decision and award.

Because you are responding to a case made against your company, you should address the allegations made in Company 1’s contentions as well as establish your own contentions. Writing an effective contention does not have to be timeconsuming. You can quickly convert a well written case summary into contentions. If you have an electronic text version of the summary, simply use the “Copy” and “Paste” features of Windows to move portions of or the entire summary into the Contentions field under the Company 2 Contentions section.

Make sure that your contentions are thorough and persuasive and well supported by your evidence descriptions. Do not misrepresent the facts. We cannot overemphasize honesty! Remember that AF has an audit process to ensure the integrity of the ESpeed Filing Program. You can compare your contentions description to the example, as shown here.

Company 2 Example Contentions

The accident occurred on July 9, 2001, at 10:23 a.m. at the congested intersection of North Pinellas Avenue and Dodecanese Boulevard in Tarpon Springs, Florida. Both asphalt streets were dry, and the weather was sunny and clear. North Pinellas Avenue has two lanes: one in each direction (north and south) with an additional leftturn lane at the intersection with Dodecanese Boulevard. Dodecanese Boulevard has two lanes: one in each direction (east and west) with an additional leftturn lane at the intersection with North Pinellas Avenue. The intersection is controlled by a traffic light with green turn arrows.

Upon inspection of the traffic signal, a Florida DOT representative affirmed the traffic signal could not have been green in both directions at the same time. Company 2 has a copy of this report. Company 2 stated that Company 1 appeared to be traveling at a speed exceeding the posted speed limit. The posted speed limit along Dodecanese Boulevard is 30 mph. Company 1 appeared to be traveling at least 40–50 mph.

Company 2, driving a beige 1999 Chevrolet Malibu, was traveling northbound on North Pinellas Avenue and had a green turn arrow in the leftturn lane. Company 2 had begun her legal left turn onto westbound Dodecanese when Company 1, driving a red Isuzu Rodeo and traveling eastbound, blatantly ran the red light, striking Company 2’s vehicle in the driver’s side rear. The damage to the extreme rear supports the fact that Company 2 was well into the


51

intersection. Company 1 failed to yield to a vehicle already in the intersection.

Therefore, Company 1 is the sole and proximate cause of the accident for the following reasons: • Failure to obey a traffic signal. • Failure to yield rightofway. • Failure to keep proper lookout. • Excessive speed.

You should not use company names when writing your contentions. Refer to the parties as Company 1 and Company 2 (e.g., Company 1’s insured, etc.). The arbitrators do not have access to the company names, which ensures neutrality.


52

Company 2 Applicable Local Laws When applicable, provide a brief summary of any local law that supports your contentions. If you do not agree with a law cited by Company 1, explain your interpretation.

It is not necessary to enter the full text of the law. AF’s arbitrators have extensive claims experience, so write this information as if you were explaining it to another claims representative in your office. If the law is unclear, explain how the law applies to your specific case.

After you enter any applicable local law, review the four sections on this page. If everything is correct, click Next to go to ESpeed > Respond to Case (ID number) > Page 4 of 6, where you will enter your evidence.


53

Entering Company 2 Evidence You should now be on ESpeed > Respond to Case (ID number) > Page 4 of 6. Here you will support your contentions with the evidence that you have. This involves two basic steps: identifying the type of evidence you have and then describing it. You will perform these steps in the Evidence Item Entry section.


54

Identify Company 2 Evidence ESpeed Filing makes entering evidence easy by providing an alphabetized dropdown list of the most frequently used types of evidence. Simply scroll down this list and select the type of evidence that matches the actual evidence you have in the claim file.

NOTE: Not all possible evidence items are available in the evidence type dropdown list. If you are certain that the evidence item you want to include is not available, select “Other” from the dropdown list, and then identify and describe it in the Description box. Do not use “Other” for items that are included in the dropdown list.


55

Describe Company 2 Evidence Describe the selected evidence in the Description field and explain how it supports your contentions. If you are satisfied with your evidence description, click + Add Item.

You can change any entered description before clicking + Add Item. Just highlight the words or characters that you want to change and replace them with the new information. Repeat these two steps for each item of evidence in the claim file. After you enter an item, it will appear in the Company 2 Evidence Entered section. You can compare your evidence description to the examples shown below.

Make sure you identify and describe all evidence items that support your contentions and/or damages. If you want to change an item, click Edit to the right of the item description. You can then reenter the item with any changes.

If you want to eliminate an item, click Delete to the right of the item description. This will delete the item.

Review your evidence list, make any corrections. Click Next to go to ESpeed > Respond to Case > Page 5 of 6, where you will record your damages.


56

Entering Company 2 Damages You should now be on ESpeed > Respond to Case > Page 5 of 6. This is where you enter your damages. This screen is divided into three sections: Company 2 Damages, Company 2 Damages Entry, and Company 2 Itemized Damages Entered.

The first entry in the Company 2 Damages section is Item in Dispute field. From the dropdown list box, select the disputed item that applies to your case: Liability, Damages, or Both Liability and Damages. The arbitrator will address only the issue(s) you identify in this field. Now complete the remainder of the Company 2 Damages section. Below is a brief explanation of each field.

Liability Deductible: If your insured has a liability deductible, enter the amount in this field.

Percentage of Liability Admitted: You can admit a degree of negligence on the part of your insured. Enter this degree of negligence as a specific percentage of liability. The decision and award may reflect any admission you make in this field (see ESpeed Filing Program Rules and Regulations, Rule 2c).

Do You Have 1st Party Collision Coverage? Your insured must have collision coverage to implement ESpeed’s automatic counterclaim feature.

Do You Have Reported Property Damage? The answer to this question verifies that you expect an award if the arbitrator finds Company 1 negligent and that the negligence law in the jurisdiction permits recovery.

Are Damages Pending? Answer No to pending damages if you have issued final payment to your insured for the damage or loss. If you have not issued final payment, answer Yes. Rule 2b of the ESpeed Filing Program Rules and Regulations provides a procedure for pending damages and states that the liability finding is res judicata for undisputed related damages.

NOTE: If you answer No to the questions Do You Have 1st Collision/Property Coverage? or Do You Have Reported Property Damage?, the Damages Entry will disappear from the screen. You will not be seeking damages if you answer No. If you answer Yes to the question Are Damages Pending?, the Damages Entry section will also disappear because you do not have damages to enter at this time.


57

Company 2 Damages Entry In this section you will itemize your paid damages. The process is similar to the one you used when you entered your evidence. There are three basic steps, outlined below.

1. Type: ESpeed Filing lists general types of damages in a dropdown list box. Scroll down the list and select the type that applies to your case.

2. Description: In this field, describe the damage. Include the location of the damage, the primary repair items, parts total, labor total, and grand total

3. Amount: In this field, enter the amount of your payment

If there is more than one item of damage, click + Add Item and repeat this process.

NOTE: The damage items entered must be allowed or required by your insured’s policy. You cannot include normal operating or the insured’s outofpocket expenses (see Rule 2b of the ESpeed Filing Program Rules and Regulations).


58

Company 2 Itemized Damages Entered As you enter each item of damage, it will appear in the Company 2 Itemized Damages Entered section. As you build your list of damages, the ESpeed Filing system automatically totals the related amounts and displays the sum in the Total Itemized Damages field.

If you need to change an item, simply click Edit next to that item and make the appropriate revision. If you delete an item, ESpeed Filing subtracts its related expense from the total.

Once all itemized damages have been entered make sure the amount in the Total Itemized Damages field matches the evidence you have to support. The Net Salvage Recovery field is used in the event of total loss. In the Total Recovery Sought field, enter the amount you are seeking to recover, excluding your insured’s deductible. The Total Recovery Sought field cannot exceed the Total Itemized Damages (excluding your insured’s deductible). In the Insured Deductible field, enter your insured’s deductible amount.

As a final check, review all entries on this screen, and make any needed corrections. Click Next to go to ESpeed > Respond to Case (ID number) > Page 6 of 6, to view Company 2 case summary information.


59

Reviewing Company 2 Case Summary You should now be on ESpeed > Respond to Case (ID number) > Page 6 of 6. This screen summarizes the entire case from both Company 1’s and Company 2’s perspectives. The following sections apply only to Company 2 and its response or counterclaim. Use the Previous button to return to the entry screens of the sections you want to correct. After making the correction(s), click Next to return to this case summary information.

Earlier you reviewed Company 1’s case information. This same information also is displayed at the beginning of this Case Summary. It’s a good idea to take another look at this information to ensure you’ve addressed everything in Company 1’s case that is relevant to your case. Use the scroll bar on the right to page down to view all of the sections. The following checklist is a tool to help you when reviewing these sections before submitting your case information.

Company 2 Applicable Local Laws ___ Is the summary of the local law(s) you wrote brief and to the point? ___ Can you easily see how the law relates to this case?

Company 2 Evidence Items ___ Are the items of evidence you listed relevant to your case? ___ Do your descriptions support your allegations and/or damages?

Company 2 Itemized Damages ___ Are there any damage items missing from the list? ___ Are the descriptions accurate? ___ Is the expense amount for each item correct?

Doublecheck the following sections for accuracy ___ Company 2 Information ___ Company 2 Remittance Information ___ Company 2 Claim Information


60

___ Company 2 Contentions

When you are satisfied with your case information, click Finish, which is used only to submit your case to Arbitration Forums (AF) database.

WARNING! DO NOT CLICK THE Finish BUTTON UNTIL YOU HAVE REVIEWED AND MADE ALL CHANGES TO YOUR CASE AND ARE READY TO SUBMIT THE CASE! CLICKING THE Finish BUTTON SUBMITS THE CASE TO THE AF DATABASE, AND YOU WILL NOT BE ABLE TO MAKE ANY FURTHER CHANGES.


61

Submitting Company 2 Case You should now be on Respond to Case (ID number) > Finished. The ESpeed Filing system displays a Response Save Was Successful to let you know your response has been filed in the ESpeed Filing Program. This screen also provides information for future reference to the case. It is extremely important that you make sure you receive this confirmation before leaving the ESpeed Filing system.

The deadline for the arbitrator to review the case appears in the Heard No Later Than Date field. However, the arbitrator could possibly review the case the same day you respond. The status of the case you just responded to is Response Submitted. This status will change to Ready to Be Heard at the end of the business day.



You’ve just learned how to respond to a case. You now can return to the AF Web site by clicking Home from the menu bar.

63

Part4 Award Pay

Getting the Decision After the arbitrator hears the case, ESpeed will send an email to Companies 1 and 2. The email will not reveal the arbitrator’s decision but does provide a link to the Case Summary screen. You can either click this link or use the given information to find your case in the ESpeed Filing system. For instructions on how to find your case, go to Case Lookup in this guide. Following is an example of decision notification email:

From: <[email protected]> To: <[email protected]> Date: 8/20/01 12:01PM Subject: ESpeed Decision in ESpeed Program Case: 10000171

A decision has been rendered in your case and is outlined below:

Case Number: 10000171 Your File Number: 082074601 Your Insured First Name: KENT Your Insured Last Name: SEEYA Company 2 Must Answer By: August 17, 2001 Case will be heard by: August 22, 2001

You can view the case using the following link: http://www.arbfile.org/DBWEB/SilverStream/Pages/pgESPSummary.html?


Please contact us through our Web site (http://www.arbfile.org) with feedback on ways to improve the E Speed process or any of Arbitration Forums’ other programs.

NOTE: If you have not read "Getting Started" in this user guide, we recommend reading it before beginning this topic. The "Getting Started" topic contains important information about how to log on to the ESpeed Filing system and select a transaction.

Once you log into AF Web site, click ESpeed dropdown menu and select Recent Decisions. This takes you to the List Of Cases With Decision Published screen, which you can sort cases that are eligible for award pay.


64

The Recent Decisions option allows you to sort published decisions for the last 10 days, last month, last quarter or the last year in its entirety. You can also narrow your search by state and claim or policy number. However, if you simply want to look at a case, we recommend using Case Search.

The Assign tab is used to appoint selected cases to a specific individual within your company. To assign a name to a case, type the individual name in the Assign Selected Cases To field and click on the Assign check box to select a particular case. Click Assign, and the User ID name appears in the Assigned To category.

The Filter Cases By tab lets you search for cases by using the State, Claim/Policy Number, Decision Date, Eligible For Award Pay, or the Assigned To field that meet specific criteria. The Assigned To field is a manager/supervisor tool for tracking who is responsible for a particular case. If cases have been assigned, you can use this field to search by name. Managers and representatives who are responsible for more than one case will find this feature very useful.

To filter cases, select the State, enter the Claim/Policy Number, select Decision Date, check the Eligible For Award Pay box, or enter a Assigned To name. (You only need to enter or select one of these fields to filter case information.) Click Filter, based on the search criteria the screen displays a filter case area. This area lists the case(s) that are eligible for award pay.

Review the list of cases and general information about each case. For details about a specific case, click the appropriate Case ID number to display the case summary information. When you select the case ID number, you will go to ESpeed > Case Summary screen. This will provide you with a case list with information relating to Companies 1 and 2. Click the Watch button located to the left of the docket or case number to include the selected case(s) in your "my watches" list.

NOTE: You can click a category heading, and the ESpeed Filing system will sort the cases alphabetically. When you click once, they sort in ascending order, clicking twice sorts them in descending order.

Part4 Award Pay

65

Reviewing Case Decision Summary You should now be on ESpeed > Case Summary. Take time to review this information closely, there are several sections on this page. Use the scroll bar on the right to page down to view all of the sections. You can return to this Case Summary information at anytime. After reviewing the case summary, click Decision Sheet. This will take you to Decision Sheet for Case (ID number).

The Decision Sheet screen comprises three main sections:

Case Information section includes the Case Id number and the Decision Published On date. If your company has an award against it, you have 10 calendar days from the Decision Published On date to pay the award.

Decision Award Information section summarizes the damages sought by each company, the liability assigned, and the total award amount(s). The Total Award Amount field, for each company, is the sum of the Insured Deductible Award Amount field and the Damages Award Amount field. Rule 3 in the ESpeed Filing Program Rules and Regulations provides instructions for paying and following up on the arbitration award. This rule mandates the payment of all awards within 10 calendar days of the decision date.

Case Decision Information section includes the Affirmative Defense and Findings, the Basis of Findings, and Comments. The Basis of Findings and Comments provide the decision and rationale. The Comments explain the rationale for the arbitrator’s decision and how to improve your future cases.

As stated in Article Fourth of the ESpeed Filing Program Agreement signed by your company, “The decision is final and binding upon all participating parties without the right of rehearing or appeal.”


66

Click My Watches to view cases that are in your watches list. This is a great way for you to monitor cases of importance to you. Click View Case Summary to see the summary of the case. This will take you to ESpeed > Case Summary. You can print the case summary you entered by opening the File Menu from the web browser toolbar and select Print.

Part4 Award Pay

67

Following Up On An Unpaid Award If your company does not receive its award within 15 days from the date a decision was published, you may notify Arbitration Forums (AF) using the ESpeed system. You will not be able to notify AF before this 15day period. To notify AF about an unpaid award, follow these steps:

1. Have the Case ID number, your claim or policy number, or the name of your insured available (this information is provided in the decision notification email).

2. Go to the AF Web site. If you need help logging in, refer to Getting Started in this user guide. Once you log into AF Web site, click the ESpeed dropdown menu and select Issue Award Nonpayment Notice. This takes you to List Of Cases With Decision Published screen, which you can sort cases that are eligible for award pay.

3. Select the State, enter the Claim/Policy Number, select Decision Date, check the Eligible For Award Pay box, or enter a Assigned To name. (You only need to enter or select one of these fields to filter case information.) Click Filter, based on the search criteria the screen displays a filter case area. This area lists the case(s) that are eligible for award pay.

If you have not waited 15 calendar days after the award decision was rendered, your case will not appear in the filter case area.

4. Select a case to continue by clicking the appropriate Case ID number. When you select the case ID number, you will go to ESpeed > Case Summary screen. This will provide you with a case list with information relating to Companies 1 and 2. Click the Watch button located to the left of the docket or case number to include the selected case(s) in your "my watches" list.

5. Click Issue Award Pay. This will take you to ESpeed > Issue Award Nonpayment Notice for Case (ID number) > Page 1 of 1.

6. In the Comments field, type your reason for requesting AF assistance in collecting the unpaid award. Verify that the information is correct and click Finish. You will see an E Speed > Issue Award Nonpayment Notice for Case (ID number) > Finished screen. This will notify AF that you or your company has not received its award.


68

Submitting Nonpayment Notice You should now be on ESpeed > Issue Award Nonpayment Notice for Case (ID number) > Finished. The ESpeed Filing system displays a Award Nonpayment Notice Was Successful Submitted, to let you know your nonpayment notice has been filed in the ESpeed Filing system. In addition, Arbitration Forums (AF) will send an electronic notification to the nonpaying party.



AF charges a fee to the nonpaying company for this service. AF will send only one electronic notification per case. If the nonpaying company does not pay the award within 10 calendar days after AF’s notification, you may file litigation to collect the award. The ESpeed Filing Program Agreement states that you are entitled to reasonable attorney’s fees and court costs if you have to file litigation. Following is an example of an unpaid arbitration award email:

From: <[email protected]> To: <[email protected]> Date: 8/3/01 3:53PM Subject: ESpeed Unpaid Arbitration Award Case: 10000171

Dear NOAH HURRY:

The benefits of intercompany arbitration are realized only when the pending claim file is closed. For this reason the member companies have agreed to pay all awards within 15 calendar days of an ESpeed decision. We have been advised that the attached arbitration award remains unpaid. Anything you can do to expedite payment of the award is appreciated. As a reminder, payment is to be made only to the prevailing party. Should this award remain unpaid 10 calendar days after the date of this notice, the prevailing party may file in litigation to pursue collection (Rule 3) including reasonable attorney’s fees and costs.

Below is information to assist you in identifying the case:

Case Number: 10000171 Your File Number: 4140831005901 Your Insured First Name: BEN Your Insured Last Name: CUTTOFF

You can view the case using the following link:

Part4 Award Pay

69

http://www.arbfile.org/DBWEB/SilverStream/Pages/pgESPSummary.html?caseid=10000171


71

Part5 Case Lookup

Searching For A Case The Case Search option provides an easy and quick way to find information on a specific case. This option item allows you to search for a case in our traditional Arbitration Forums (AF) and in ESpeed. To use Case Search, follow these steps:

1. Have the Case ID number, your claim or policy number, or the name of your insured available.

2. Go to the AF Web site. If you need help logging in, refer to Getting Started in this user guide. Once you log into AF Web site, click the ESpeed dropdown menu and select Case Search. This takes you to the Case Search screen, which you can search by AF ID, File Number, or your insured's first or last name with the appropriate state information.

\

3. Click Search By Docket Number, ESpeed Case, File Number, or Insured Info tab. The tab you click will determine what to type in the Search field. For example, select the ESpeed Case tab and type the docket number.

4. Click Search. This will provide you with a case list with information relating to Companies 1 and 2.

5. Review the list of cases and general information about each case. For details about a specific case, click the appropriate Case ID number to display the case summary information. When you select the case ID number, you will go to ESpeed > Case Summary screen. This will provide you with a case list with information relating to Companies 1 and 2. Click the Watch button located to the left of the docket or case number to include the selected case(s) in your "my watches" list.

You can also access the Case Search option from the AF Web site menu bar, click Member Access dropdown menu and select Case Search.


72

Monitoring My Watches List The My Watches option enables you to monitor cases of importance to you by view your Watched Dockets, Watched ESpeed Cases, and ESpeed Cases In Process. There are two ways to include the selected case(s) to your watches list; 1) by clicking the Watch button, and 2) clicking in the check box next to the phase "Add this case to my watch list". You will also see My Watches button on several of screens in the ESpeed system. This button allows you to view cases that are in your watches list.

Once you log into Arbitration Forums (AF) Web site, click ESpeed dropdown menu and select My Watches. A list of my watches in which you are directly involved, will appear in the My Watches screen.

If you need help logging in, refer to Getting Started in this guide. In addition, you can also access My Watches screen from the AF Web site menu bar, by clicking the Member Access dropdown menu and select My Watches.

To make sure you are viewing the latest version of your watches list, click Refresh. If the case is not shown in your watches list, click Case Search to find the case and add it to your list. You can delete case(s) from your watches list by clicking Delete All? or Delete. You may change (e.g., alphabetize or place in a different numerical order) the sorting order of a case in a list by clicking the underlined category. The following are the five key categories of information about your watch list.

Case ID The docket number assigned to each case by the ESpeed system. For details about a specific case, click the appropriate Case ID number to display the case summary information.

File No The company’s claim file number.

Insured Name The name of the insured involved in the accident or loss.

Party Denotes your involvement in the case as Company 1 or Company 2.

Status Informs you of what is currently happening to your cases in the ESpeed Filing Program. You can get more information on the specific status of a case by clicking on its related case number. The case status will be one of the following:

Awaiting Response. This means that the ESpeed system has notified Company 2 and is waiting for its representative to answer the filing. If you are Company 2, you have 25 days from the filing date to respond.

Case Withdrawn. This indicates that the ESpeed system has removed the case you submitted as Company 1.

Decision Pending. The decision is in a quality review process. The decision cannot be seen in

Part5 Case Lookup

73

this status.

Decision Published. The arbitrator has heard the case and rendered a decision.

Decision Sent. This is notification that the decision has been sent to both parties.

Pending Notification EMail. This indicates that the ESpeed system is notifying Company 2 that a case has been submitted against it. This status will appear immediately after you enter and submit a case.

Ready to Be Heard. This status indicates that either Company 2 has responded or the 25day time limit for responding has expired. The arbitrators may now review the case.

Response Submitted. This status indicates that the ESpeed system has submitted the case to the AF database. The status will change to Ready to Be Heard after the close of the business day at which part of the case will be available to our arbitrators and will be heard.

My Cases In Process

The My Cases In Process tab is used to view your listing of cases in process. This allows you to work with an existing case. Click the associated link to display the case summary information. You can also select the Add New ESpeed Case button to begin entering a new case.

75

Part6 Edit Case

Edit Case Once you log into Arbitration Forums Web site, click ESpeed dropdown menu and select Case Search to choose a specific case to be displayed from the ESpeed > Case Summary screen. The Edit Case button only appears on the Case Summary screen. Click the Edit Case button to change the case information that you have submitted. This will take you to ESpeed > Edit Case (ID number) Entry > Page 1 of 1.

If you need help logging in or using the Case Search option, refer to Getting Started or Case Lookup in this guide. In addition, you can also access the Case Summary screen from the AF Web site menu bar, by clicking the Member Access dropdown menu and select Case Search.

You are limited to modifying data related to your company. The ESpeed Filing system only allows you to edit your case information that does not affect the decision outcome for the case. If there are any errors, place your cursor over the appropriate field and doubleclick. This will highlight the entry and allow you to type the correct information.

Take time to review this information closely. Click Finish to return to ESpeed > Case Summary for Case (ID number).


76

Company 2 Correct Response The Correct Response button will appear on the Case Summary screen if you have a response case in questioning and the status is in Response Submitted. Click the Correct Response button to modify your response case information. This takes you to the ESpeed > Response Case (ID number) Entry > Page 1 of 6 screen. This feature allows you to modify any of the response case information. If there are any errors, place your cursor over the appropriate field and doubleclick. This will highlight the entry and allow you to type the correct information. Click Finish to return to ESpeed > Case Summary for Case (ID number) screen.

77

Part7 Withdraw Case

Withdraw Case Once you log into Arbitration Forums Web site, click ESpeed dropdown menu and select Case Search to choose a specific case to be displayed from the ESpeed > Case Summary screen. The Withdraw Case button only appears on the Case Summary screen after adding a new case. Click Withdraw Case to remove the case information that you have submitted. This will take you to ESpeed > Withdraw Case (ID number) Entry > Page 1 of 1.


Now you can withdraw the case information you have submitted as Company 1 or if Company 2 have not responded to the case and the case have not gone to hearing. You can withdraw cases that have a Pending Notification Email or an Awaiting Response status.

In the Withdraw Case Entry section, select the reason for removing the case from the Withdrawal Reason dropdrown list. Next, enter your reason for removing the case in the Withdrawal Comments field.

Click Finish to go to ESpeed > Withdrawal Confirmation for Case (ID number) > Finished. The ESpeed Filing system displays a Case Withdrawn Successfully to let you know your case has been withdrawn from the ESpeed Filing Program. Once ESpeed Filing processes the withdraw case, Company 1 and 2 will receive an email notification stating the case has been withdrawn.


78

Company 2 Void Response Once you log into Arbitration ForumsWeb site, click ESpeed dropdown menu and select Case Search to choose a specific case to be displayed from the ESpeed > Case Summary screen. If you need help logging in or using the Case Search option, refer to Getting Started or Case Lookup in this guide. In addition, you can also access the Case Summary screen from the AF Web site menu bar, by clicking the Member Access dropdown menu and select Case Search.

The Void Response button appears on the Case Summary screen if you have entered your response case and submitted it to the AF database. The case status is Awaiting Response and the case will still go to hearing. If you responded to the wrong case, use the Void Response button. You have until the end of the business day to void your response case. To void a response case, click Void Response to cancel the case information. This takes you to ESpeed > Void Response for Case (ID number).

In the Voiding Response Comment Entry section, enter the reason for voiding the response case. Click Finish to return to the ESpeed > Case Summary screen. This requires you to enter a new response case.

79

Part8 Refile Case

Submitting Refile Case Information Once you log into Arbitration Forums Web site, click ESpeed dropdown menu and select Case Search to choose a specific case to be displayed from the ESpeed > Case Summary screen. The Refile Case button appears on the Case Summary and the Withdrawal Confirmation screens after you have withdrawn the case successfully.


Company 1 can refile cases that have been withdrawn. This feature may be utilized to refile cases if the original filing was withdrawn due to (e.g., a data entry error or incorrect State of Loss). Click Refile Case to submit a new case. This will take you to the beginning of the Add Case process (Add Case > Page 1 of 7).

All Company 1 case information from the original case including Contentions, Evidence, Damages, etc. are carried over to the new case. You can scroll through the data entry sections and change the incorrect information prior to saving the new case. The ESpeed system will create a new case number after a case has been added successfully. To learn how to add a case, go to "Add Case" in this guide.

Click My Watches to view cases that are in your watches list. Click View Case Summary to see the refiled case information. You will notice in the Case Information section, you can view the re file or withdrawn case by clicking the case number in the Related Case Id or the Refiled Case Id field. You can print this case summary information by opening the File Menu from the web browser toolbar and select Print.

81

Part9 Case History

Viewing Case History Information Once you log into Arbitration Forums Web site, click ESpeed dropdown menu and select Case Search to choose a specific case to be displayed from the ESpeed > Case Summary screen. The Case History button will only appear on the Case Summary screen. Click Case History to go to ESpeed > Case History Review for Case (ID number).


The Case History Information section displays the date, type, description, and the User ID of the person creating the event. The events that are displayed include, all email notifications, response entered, award pay requested, add, withdraw, refile, and edit case information. Each case event is in chronological order. You may change (e.g., alphabetize or place in a different numerical order) the sorting order of a case in a list by clicking the underlined category.

NOTE: If any cases filed prior to April 2003, you cannot view them in the Case History Information section.

Click My Watches to view cases that are in your watches list. Click View Case Summary to view the case summary information. You can print the case summary information by opening the File Menu from the web browser toolbar and select Print.

83

Glossary

# 49% Modified Comparative Negligence: A company's negligence must be less than the

adverse company’s negligence to recover. 50% Modified Comparative Negligence: A company's negligence may equal but not be greater

than the negligence of the adverse company. A company cannot recover if it is more than 50 percent at fault.

A Accident Location: The city and state where the loss occurred. The accident location

determines the negligence code and applicable local law. Affirmative Defense: A defense that presents rationale to justify withdrawing the case, even if

the opposing party’s contentions are true. An affirmative defense addresses more than the allegations. There are only four recognized affirmative defenses in the ESpeed Filing Program: no coverage, unnamed tortfeasor (more than two vehicles involved), previously filed in the Automobile Subrogation Arbitration Forum, and expiration of the statute of limitations.

Applicable Local Law: The jurisdictional law in the city and state where the loss occurred. In E Speed a party provides a brief summary of any law that applies to his/her contentions and could influence the arbitrator’s decision.

Arbitration Forums home page: AF Web site at http://www.arbfile.org. This site provides an abundance of information about AF and its programs. It also permits authorized users to gain access to their case information and the ESpeed Filing Program.

Arbitrator: A highly qualified AF employee who examines the defenses, allegations, and described evidence presented by opposing parties before rendering a decision and granting an award. These arbitrators were selected based on their property and casualty claims experience and problemsolving and analytical skills.

Audit: To ensure the integrity of the ESpeed Filing Program, AF will perform periodic examination and verification of participating companies’ claim files. A company will provide AF with access to the documents and supporting paperwork on site at the designated location and date of audit.

Awaiting Response: A status of a case that has been filed. The Awaiting Response status means that the ESpeed Filing system has notified Company 2 and is waiting for its representative to respond. If you are Company 2, you have up to 25 days from the filing date to respond.

Award: The decision of an arbitrator to award monetary compensation (money) to a party who has claimed and proven liability and damages.

Award Pay: A process for following up on an unpaid arbitration award.

B Billing Code: A unique number assigned by AF to your company. You must use the correct code

for ESpeed Filing to process your case. Browser: A program that accesses and displays files available on the World Wide Web.


84

Button: A rectangular graphic that, when activated, performs a specified function. The user activates a button by clicking it with a mouse.

C Case Added Successfully: A screen that verifies a case has been filed in the ESpeed Filing

system. A case can no longer be modified or amended after this screen appears. Case Number: The case docket number assigned by the ESpeed Filing system.

Claim Number: See File Number

Contentions: A brief summary of allegations and defenses by the parties involved in a dispute.

Contributory Complete Defense: A company cannot recover if its insured contributes either slightly or grossly to the damage or loss.

Contributory Defense Unless Willfully Negligent: A company cannot recover if its insured contributes, unless the adverse company’s negligence was willful or wanton.

Counterclaim: A claim presented by Company 2 against Company 1 in the ESpeed Filing process. A counterclaim is automatic in ESpeed Filing system if Company #2 has first party coverage and Company 1 has liability coverage.

D Damages: Impairment of the usefulness or value of person or property; the money to be paid as

compensation for injury or loss. In the ESpeed Filing system you must list the type of damages, provide descriptions, and state the related expense amounts.

Decision: A determination arrived at after consideration of facts and, in legal context, law by the arbitrator.

Decision Entered: The status of a case in which the arbitrator has entered a partial decision and is still reviewing the case, or AF is conducting a quality review on the decision. A disputing party cannot see the decision in this status.

Decision Published: The status of a case in which the arbitrator has heard the case and rendered a decision. A disputing party can access the decision in the ESpeed Filing system.

E EMail Address: Characters (e.g., letters, numbers, etc.) that identify a user so that he or she

can receive electronic mail about ESpeed Filing cases. [email protected] is an example of an email address.

ESpeed Filing Program: The member companies, arbitrators, agreement, rules, and electronic components involved in the resolution of damage liability and damage disputes that are the result of twocar accidents.

ESpeed Filing System: A highspeed, electronic, arbitration filing computer program and network for resolving liability and damage disputes that result from twocar accidents.

Evidence: Material described by a party in the ESpeed Filing Program to support its contentions; anything that proves or establishes a point in the case, such as police reports, witness statements, photographs, or estimates of the loss.

F

Glossary

85

Field: One element of information in a database record. In this user guide a field refers to a rectangle used for typing information into the AF database.

File Number: An identification number assigned by the insurance company and used to locate a file that is created (i.e., opened) when a claim is made. The claim file folder contains related information that applies to a particular claim, such as forms, reports, evidence, and repair bills.

Filter Cases By: A part of the ESpeed Filing system that accepts and displays all cases that fall within userspecified criteria. It will not display cases that do not meet the criteria. For example, you can display all of the cases from a particular state.

Finish Button: This button submits your case to AF’s ESpeed Filing database. Once you click this button, you will not be able to modify or amend your case.

H Home page: The page your browser is set to display every time you launch it or when you click

the Home button. Also used to refer to the main page for a web site, from which you can explore the rest of the site.

I Insured Name: The name of the insured involved in the accident or loss. Internet: A matrix of networks that connects computers around the world.

L Liability Deductible: The amount the insured agrees to pay out of pocket for injury or damage

for which the insured is legally responsible before the policy covering liability is triggered. Liability deductibles are usually found in commercial insurance policies.

N Net Salvage Recovery: The amount recovered for salvage to the insured vehicle that was

deemed as a total loss.

P Password: A secret sequence of characters (letters, numbers, etc.)required for gaining access to

the ESpeed Filing system. The member company’s Security Administrator usually assigns the initial password.

Pending Notice: A status of a case that appears immediately after a case is entered and submitted. It tells you the system is notifying Company 2.

Policy Number: See File Number

Pure Comparative Negligence: Negligence in which the decision entitles a company to recover the percent of damages it did not cause.

R Ready to Be Heard: The status of a case indicating that either Company 2 has responded or the

25day time limit for responding has expired. The arbitrators may now hear the case.


86

Remittance Information: The postal address used to send an award.

Response Save Was Successful: A message that verifies that the response/counterclaim made by Company 2 to a case is in the ESpeed Filing system. A response can no longer be modified or amended after this message appears.

Response Submitted: The status of a case indicating that Company 2 has submitted the case to the AF database. Company 2 has until the end of business day to make any corrections to their response.

Role: Denotes your involvement in a case as Company 1 or Company 2. ESpeed Filing is limited to these two parties. A company that enters a new case is identified as Company 1.

S Scroll: To cause displayed text or graphics to move vertically or horizontally across the computer

screen so that a line of text or graphics appears at one edge of the screen for each line that moves off the opposite edge (i.e., scroll a document; scroll a page of text).

Scroll Bar: A vertical or horizontal bar at the side or bottom of a display area on a computer screen that can be used with a mouse for moving around in that area. Scroll bars often have four active areas: two scroll arrows for moving line by line, a sliding scroll box for moving to an arbitrary location in the display area, and the gray areas in the scroll bar for moving in increments of one window at a time.

Serve: A computer or program that controls a central repository of data that can be downloaded and manipulated in some manner by a client.

Status: Information about what is currently happening to your case in the ESpeed Filing Program.

Subsidiary Company: A company owned and operated by another company called the parent company. When entering a company’s information, use the subsidiary’s name and code and not the parent company’s.

U Uniform Resource Locator (URL): The standardized address that tells your browser how to

locate a file or other resource on the Web. For example: http://www.arbfile.org. You can type URLs into the browser's Address Bar to access web pages. URLs are also used in the links on web pages that you can click to go to other web pages. Also known as an Internet address or Web address.

User Name: The name by which a person is known and addressed in the ESpeed Filing system. In the ESpeed Filing system the user name is usually assigned by the company’s E Speed Security Administrator.

V Vehicle Information: A description of the make, model, and year of the insured vehicle.

W Web page: A single document on the World Wide Web that is specified by a unique address or

URL and that may contain text, hyperlinks, and graphics.

Glossary

87

Web site: A group of related web pages linked by hyperlinks and managed by a single company, organization, or individual. A web site may include text, graphics, audio and video files, and links to other web sites.

World Wide Web (www): Also known as the Web. An information server on the Internet composed of interconnected sites and files, accessible with a browser.

89

Index A

About This Guide ...................................... 3

Accessing

ESpeed Filing Program......................... 9

Accessing ................................................. 9

Affirmative Defense Information

Entering................................................47

Affirmative Defense Information................47

An ESpeed Filing Transaction

Selecting...............................................11

An ESpeed Filing Transaction .................11

Applicable Local Laws........................26, 52

Arbitration Forums Web Page.................... 7

Around

Moving................................................... 7

Around ...................................................... 7

B

Before You Begin ...................................... 4

Buttons.....................................................13

C

Case ..................................................61, 71

Case Decision Summary

Reviewing.............................................65

Case Decision Summary ..........................65

Case For Response

Selecting...............................................39

Case For Response .................................39

Case History Information

Viewing ................................................81

Case History Information..........................81

Case Information.......................... 19, 22, 45

Case Summary

Reviewing.............................................34

Case Summary ........................................34

Case Summary ........................................42

Case Summary ........................................59

Common Conventions................................5

Company

Entering.............................. 22, 49, 53, 56

Reviewing....................................... 42, 59

Submitting ............................................61

Company .................................................18

Company .................................................22

Company .................................................24

Company .................................................26

Company .................................................33

Company .................................................42

Company .................................................44

Company .................................................45

Company .................................................46

Company .................................................49

Company .................................................50


90

Company .................................................52

Company .................................................53

Company .................................................56

Company .................................................57

Company .................................................58

Company .................................................59

Company .................................................61

Company .................................................76

Company .................................................78

Contentions..................................24, 49, 50

Correct Response ....................................76

D

Damages Entry ..................................32, 57

Damages#Company_2_Damages............56

Decision

Getting..................................................63

Decision...................................................63

Describe

Evidence...............................................29

Describe...................................................29

Describe Company...................................55

E

Edit Case .................................................75

Entering

Affirmative Defense Information ............47

Company............................ 22, 49, 53, 56

Your Contentions..................................23

Your Damages#Company_1_Damages 31

Your Evidence......................................27

Entering ...................................................22

Entering ...................................................23

Entering ...................................................27

Entering ...................................................31

Entering ...................................................47

Entering ...................................................49

Entering ...................................................53

Entering ...................................................56

Entering Response Information ................43

Entering Your Company Information.........17

ESpeed Filing Program

Accessing...............................................9

ESpeed Filing Program.............................1

ESpeed Filing Program.............................9

ESpeed Navigation Bar

Introducing ...........................................13

ESpeed Navigation Bar...........................13

Evidence

Describe...............................................29

Identify .................................................28

Evidence..................................................28

Evidence..................................................29

Evidence..................................................53

Evidence..................................................54

Evidence..................................................55

F

Finding

Index

91

Member Company Information..............15

Finding.....................................................15

Following

Up On An Unpaid Award.......................67

Following..................................................67

For

Searching .............................................71

G

Getting

Decision ...............................................63

Getting .....................................................63

I

Identify

Evidence...............................................28

Identify .....................................................28

Identify Company .....................................54

Information.........................................18, 44

Introducing

ESpeed Navigation Bar........................13

Introducing ...............................................13

Itemized Damages Entered ................33, 58

M

Member Company Information

Finding .................................................15

Member Company Information .................15

Monitoring

My Watches List#My_Cases_In_Process .........................................................72

Monitoring................................................72

Moving

Around ...................................................7

Moving.......................................................7

My Watches List#My_Cases_In_Process

Monitoring ............................................72

My Watches List#My_Cases_In_Process .72

N

Negligence...............................................50

Nonpayment Notice

Submitting ............................................68

Nonpayment Notice..................................68

R

Refile Case Information

Submitting ............................................79

Refile Case Information...........................79

Remittance Information ...................... 21, 46

Reviewing

Case Decision Summary ......................65

Case Summary.....................................34

Company........................................ 42, 59

Reviewing ................................................34

Reviewing ................................................42

Reviewing ................................................59

Reviewing ................................................65

S

Searching

For .......................................................71


92

Searching.................................................71

Selecting

An ESpeed Filing Transaction..............11

Case For Response ..............................39

Selecting..................................................11

Selecting..................................................39

Submitting

Company..............................................61

Nonpayment Notice ..............................68

Refile Case Information .......................79

Your Case ............................................36

Submitting................................................36

Submitting................................................61

Submitting................................................68

Submitting................................................79

U

Up On An Unpaid Award

Following ..............................................67

Up On An Unpaid Award ..........................67

V

Viewing

Case History Information ......................81

Viewing....................................................81

Void Response ........................................78

W

Withdraw Case.........................................77

Y

Your Case

Submitting ............................................36

Your Case................................................36

Your Contentions

Entering................................................23

Your Contentions .....................................23

Your Damages#Company_1_Damages

Entering................................................31

Your Damages#Company_1_Damages ...31

Your Evidence

Entering................................................27

Your Evidence .........................................27

espeed filing program user's guide - arbfile.orgs_guide.pdfespeed filing program user's...

Documents