Following an auto accident, slip and fall accident, or another type of personal injury, you may file a claim with the at-fault party’s insurance company to recover monetary compensation for the injuries and damages you’ve incurred. When you file a claim with someone else’s insurer, it’s considered a third-party claim. If you’ve been seriously injured due to another party’s negligence, it’s in your best interest to retain the legal services of our determined Santa Clara County Personal Injury Attorneys, who can help you fight for the just compensation you deserve and need to get back on your feet again. Please continue reading to learn the differences between a first-party and third-party personal injury claim.
What is the difference between first-party and third-party claims?
Firstly, it’s crucial to understand that first-party and third-party are two different ways to make an insurance claim. If you file an insurance claim with your own insurer, it’s considered a first-party claim. As mentioned above, filing an insurance claim with another party’s insurer is considered a third-party claim. Essentially, when you pursue a third-party claim, you are going outside of your insurance provider to seek compensation for your losses.
To make a third-party claim, you must determine who the negligent party’s insurance provider is to notify them of the claim. If their insurance policy covers this type of loss, they may pay you up to the liability coverage limits for your damages. When determining which claim to submit, you should look at who’s at fault for the cause of the accident. In most cases, the person at fault for the accident is typically responsible for paying the damages. If who’s at fault for the accident is not apparent, you may need to file a first-party and third-party claim.
What should I do if another party caused my injury?
If you’ve been injured in an accident, your medical needs should be prioritized. It’s crucial to seek immediate medical attention for your injuries and report the accident to the appropriate parties. For instance, if you’re injured in an auto accident, you should file a police report.
Moreover, you should gather as much evidence as possible. This includes capturing pictures of the accident scene, collecting contact information from witnesses, and keeping detailed medical and expense records. This will help you fulfill the burden of proof.
Nevertheless, the most crucial step you can take is to consult an experienced Santa Clara County personal injury attorney., who can help you protect your right to a fair settlement. At the Law Offices of Brian J. O’Grady, we are prepared to help you hold negligent parties accountable for their actions. Allow our firm to represent your interests to maximize your chances of achieving the best possible outcome.