Third-Party Liability in Personal Injury Claims
Key Takeaways:
- A first-party claim is when you file a claim with your insurance company.
- A third-party claim is when you file a claim with someone else’s insurance company.
- Car accidents, workplace injuries, and product defects are common types of third-party claims.
You got injured in an accident. Now, you have medical bills to pay. But you can’t work. Who you turn to for compensation can be a tricky question. Is it your own insurance company? Or do you look to the person who caused the accident and their insurance company?
This article explains third-party liability in personal injury claims. State personal injury laws vary. Contacting a personal injury attorney in your area can help. They can explain your state’s laws. They can also give you legal advice about your specific situation.
What Is a First-Party Claim?
If you suffer a severe injury in an accident, you may need some compensation. You need money to pay your medical expenses. You also may have rent and groceries to buy. You could be more desperate for help if you can’t work.
Common accidents that can put a financial strain on you include the following:
- Workplace accident
- Car accident
- Truck accident
- Product liability, like a defective product
- Premises liability, like a slip and fall
- Wrongful death
If you have insurance coverage, consider filing a claim with your insurance company. They can get you some money to help ease your burden. Your liability coverage determines the kinds of accidents you have coverage for. It also determines how much you can get in a claim.
A first-party insurance claim is a claim you file with your insurance provider. Common first-party insurance claims include the following:
- Underinsured or uninsured motorist coverage
- Collision and comprehensive coverage
- Rental coverage if you need a rental car while you wait for repairs
- Towing
What Is a Third-Party Claim?
Consider a situation where someone injures you in an accident. In that case, you can try to get compensation from the other person. You can file a third-party insurance claim if they have an insurance policy. You’re filing a third-party claim when you file a claim against someone else’s insurance provider.
A third-party liability claim typically gets you money for the following:
- Medical bills
- Lost wages
- Noneconomic damages like pain and suffering
Car accidents are a common reason to file a third-party claim. If another driver injures you, you will file a claim with the driver’s insurance company. Workers’ compensation claims are also common third-party claims. Your workers’ compensation insurance may only provide a specified amount of money. A third-party claim may get you more compensation.
Be aware that you could end up in court if the other person’s insurance company doesn’t want to settle. If you end up in a personal injury lawsuit and want to know your legal options, talk to your personal injury attorney.
Should I File a First or Third-Party Claim?
Whether you need to file a first-party or third-party liability claim depends on your state’s liability laws. Who is at fault for the accident can also determine which type of claim you must file. For example, the store owner could be liable if you’re shopping and get injured in a slip-and-fall. Personal injury cases can be complex. From dealing with court deadlines to knowing who to file a claim against, it’s a good idea to have some help. A personal injury lawyer in your area can give you valuable legal advice and represent you in your case.
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