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Insurance Claims: First Party vs Third Party

Filing an insurance claim means presenting evidence of loss to the at-fault party’s insurance company and demanding payment for those losses. There are two different routes often applicable in these situations: first party and third party insurance claims. A Charleston, WV personal injury attorney from Salango Law can assist with your claim. 

What Are First Party Insurance Claims?

A first party insurance claim is one that you make directly to your own insurance company. That means you purchased the insurance policy directly. The insurance company covers your vehicle or other assets from the specific peril you were exposed to and, therefore, must pay for the damage you have.

  • You were the one who purchased the insurance.
  • You were in an accident and you inform your insurance company.
  • You want them to pay you fairly for the losses you have.

This may be done in situations where you have a claim such as the following (and the insurance coverage to back it up):

  • Underinsured motorist coverage
  • Uninsured motorist coverage
  • Collision and comprehensive car insurance
  • Medical bills if you have a medical payment policy
  • Towing coverage
  • Car rental coverage

What you can claim is dependent on what is written into the contract. You can also claim based on the maximum coverage of that policy. They will also apply a deductible to the amount you are claiming.

What Are Third Party Insurance Claims?

Third party insurance claims occur when you submit a claim against another person’s insurance policy. This type of policy means you are going outside your own policy to get the compensation owed to you. In a third party insurance claim:

  • Someone hurts you in an accident, such as being struck by another car. That person is responsible for the incident.
  • You have damage to your vehicle and physical injuries. You get the care you need.
  • You file an insurance claim against the liability insurance of the at-fault party.

This process occurs when you have a liability claim against another person’s insurance policy. That means that you were not at fault, but the other driver was. Liability insurance is designed to protect other drivers from the actions of the covered policyholder. As a direct result, you need to file a claim, provide proof of fault, and verify the losses you have.

Keep in mind that you can file a claim for up to the maximum amount of coverage purchased by that driver. If your losses are higher than this, you may then seek out a lawsuit against the at-fault party to seek out other liability insurance they have or to seize assets.

Also important is that third party insurance claims are often highly complicated because insurance companies will do the work they can to reduce what is paid out. Keep records of all of the losses you have, communications you have with the insurance company, and your evidence of the incident.

In both situations, first-party and third party insurance claims, a car accident attorney in Charleston can help you make the best decisions for your needs and minimize the risk of not getting paid for what you are owed.