First-Party and Third-Party Insurance Claims
If you’ve been involved in a Florida auto accident or any other accident and qualify to seek compensation for damages, you need to understand various things about personal injury claims. For example, you need to understand the different types of claims you can file.
In auto accidents, for instance, motorists are required to file insurance claims against their insurance companies after car accidents since Florida is a no-fault state. However, a driver can file an insurance claim against the other driver’s insurance company if they suffer severe injuries and their insurance cover cannot cover costs. So, between a claim against your insurance company and a claim against another party’s insurance company, which is a first-party insurance claim and which is a third-party insurance claim? Keep reading to find out.
First-Party Insurance Claims
A first-party insurance claim is a claim you make to your insurance company after an accident. There are various insurance coverages against which first-party claims may be filed. They include;
- Health insurance
- Homeowner’s insurance
- Collision and comprehensive coverage
- Business property insurance
- Med Pay policy
- Uninsured or underinsured motorist coverage
- Personal Injury Protection
The amount of compensation you receive after filing a first-party insurance claim, regardless of the insurance company or coverage you file against, is dependent on the limit and terms of your insurance.
Third-Party Insurance Claims
A third-party insurance claim is a claim you make to an at-fault party’s insurance company after an accident.
Car accident claims are the most common types of third-party insurance claims made. You can also make a third-party insurance claim against a premises’ owner if you got injured on their premises due to a negligent action on their part as long as they have insurance to cover that type of third-party liability coverage.
Before filing a third-party insurance claim, you will need to identify the at-fault party’s insurance company. Doing so might be challenging, especially when the at-fault party refuses to co-operate and share their insurance details. At-fault motorists are notorious for refusing to share their insurance details. Nonetheless, if a party refuses to co-operate with you after an accident and share necessary information, an attorney and law enforcers can help you get the information you need.
How To Know Which Claim To Submit
Generally, the determination of liability or negligence will help you understand which claim to file. After an accident, one of the first things your attorney will do is gather evidence and investigate your case. You will need to co-operate with the attorney and be honest with them to enable them to help you adequately. After your attorney investigates the case, they will identify responsible parties and then advise you on which insurance claim to file.
Sometimes, more than one party is to blame for an accident. This means that people can file insurance claims against more than one insurance company or coverage in certain situations. In other cases, a victim can file an insurance claim against their insurance company when involved in an accident with an uninsured or underinsured at-fault party.
Even when you are partly at-fault for an accident, you should not panic. Florida is a comparative negligence state, meaning you can still get compensated even if you are partially to blame for an accident. However, when you are partly to blame for an accident, the amount you receive as compensation is usually less than the amount you would receive in a situation where you share no blame with the other party.
The Claims Process
It would be best for you to hire an experienced attorney to ensure you file a first-party or third-party insurance claim correctly and receive maximum compensation. Keep in mind that if you decide to file any claim “pro se,” any mistake you make can result in the insurance company denying you compensation.
Generally, filing either claims begins when you notify your insurance company or another party’s insurance company of an accident and losses. However, it would be best if you let your attorney do this for you.
After an insurance company receives your claim, they will issue you a claim number and then assign an insurance adjuster to investigate the case. Insurance adjusters have the power to convince the insurance company to deny you compensation or give you a low amount. Therefore, work closely with your attorney to ensure an adjuster receives all the information they need and does not find any fault in your claim.
Reach Out To An Experienced Personal Injury Attorney
To receive help filing either a first-party or third-party insurance claim or both, contact an experienced Naples personal injury lawyer at The Law Offices of Marc L. Shapiro, P.A., today at 239-649-8050 to schedule a consultation.