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First-Party vs. Third-Party Insurance Claims

August 15, 2024 Legal Team

Understanding the distinction between first-party and third-party insurance claims is essential for individuals navigating personal injury cases. 

First-Party vs. Third-Party Insurance Claims

First-Party Claims

First-party claims involve the policyholder seeking compensation directly from their own insurance provider for damages incurred, such as medical expenses or property damage, regardless of who was at fault in the accident. This often provides a smoother and faster resolution, as the claimant is dealing with their own insurer. 

Example of a First-Party Claim

You’re driving and are involved in a minor accident where you’re at fault. Your car sustains damage, and you end up with medical expenses due to a minor injury. In this case, you can file a first-party claim with your own insurance company. Since your policy includes coverage for these types of incidents, you would seek compensation directly from your insurer for repair costs and medical bills. This approach enables you to expedite your claim process and receive timely assistance for your recovery.

Third Party-Claims

Third-party claims arise when the injured party seeks compensation from the at-fault party’s insurance. This path may involve more complexity, including establishing liability and negotiating with the other party’s insurer to achieve a settlement. Depending on the circumstances of an accident, understanding these two types of claims can significantly influence the strategy and outcome of a personal injury case.

Example of a Third-Party Claim

Consider a scenario where you are driving and another vehicle runs a red light, colliding with your car. In this case, you sustain injuries, and your vehicle suffers significant damage. Since the other driver is at fault, you would file a third-party car accident claim with their insurance company. This process involves establishing liability, which requires gathering relevant evidence such as police reports, witness statements, and medical records. 

By successfully proving the at-fault party’s negligence, you can negotiate for compensation covering your medical expenses, lost wages, and vehicle repairs. 

How a Personal Injury Lawyer Can Help With an Insurance Claim 

Your Mesa personal injury lawyer will play an essential role in navigating your personal injury claim. Here’s how they can assist:

Negotiations with Insurance Companies 

A personal injury lawyer can help clients during negotiations with insurance companies – in both first-party and third-party claims. They are skilled in understanding the tactics employed by insurers, which are almost always used to minimize their payouts as much as possible. Lawyers can present evidence of liability and damages, ensuring that the client receives fair compensation.

Ensuring Proper Filing and Documentation for Both Types of Claims 

Personal injury lawyers assist clients in ensuring that all necessary paperwork is properly filed, and that documentation is comprehensive. This includes gathering medical records, accident reports, and any other relevant evidence, which is essential for supporting both first-party and third-party claims.

Legal Strategies to Overcome Denial of Claims 

When faced with a denial of claims, whether through first-party or third-party insurance, having a lawyer can be incredibly helpful. An experienced attorney understands the nuances of the claims process and can conduct a thorough review of your case. They can file an appeal or represent you in litigation to ensure that you receive fair compensation for your injuries or losses. 

If you’re unsure of what type of claim to file or if you need help with any aspect of the situation, contact us today to schedule a free consultation.