Have you been involved in an accident where you were a passenger in a car and were injured? If yes, in that case, you would be filing what constitutes as a third party claim against the other driver’s car insurance company. This claim could be for a number of reasons but generally includes medical bills. This is one of the most common types of car insurance claims, a third party claim is basically made to an insurance company by the affected/injured party.
When you suffer passenger injuries in a car accident, hiring a car accident attorney or personal injury attorney is quite possibly the most important decision you can make. The reason being, he/she is an expert in this particular field and can assist you in ensuring the insurance company meets its’ legal obligation to pay your medical bill, missed wages and in many cases pain and suffering.
Anytime you file a car accident insurance claim in a situation where you are not the policyholder, you are filing a third party claim. Liability insurance is what is required in such cases. This pays for damages or injuries caused by the at fault driver. If the driver isn’t carrying liability insurance you’ could be out of pocket for injuries incurred in the accident.
Third Party Accident Claims in ‘Fault’ states
- In fault states, claims are more prevalent than no-fault states and you don’t have to meet any requirements.
- Here, you can make a claim with the other driver’s insurance company, if you or your vehicle sustains any damage, provided the driver was at fault for the accident.
- This type of claim can be really simple or very complex. It all depends on the facts and injuries of a specific accident.
Third Party Accident Claim in ‘No-Fault’ States
- These claims are less common in no-fault car insurance states
- Here, you are expected to file with your own insurance to recover, regardless of who is at fault for the accident.
- Usually, these states require a minimum insurance that is to say – every driver should have a minimum amount of insurance.
- In some such states, mini-tort is the most common claim that allows you to get a statutorily mandated – fixed amount of money from the other party. Another common type is employee related claims that include damage or injuries sustained in a company vehicle.
- The law will allow you to file a claim against other driver’s insurance company only if it reaches the serious injury point.
Filing a Third Party Accident Claim
- First of all, if you can, gather information at the accident scene
- If it is a requirement, file an accident report with the motor vehicles registry
- Make sure that you inform the driver’s insurance company immediately
- Give your complete cooperation to the investigation performed by the insurance company, keep in mind this is where the insurance company can try to limit their liability and why seeking professional counsel is highly suggested.
- If the fault is in question or you have severe injuries, make the smart decision and talk to a personal injury attorney
- Submit the proof of your expenses and bills as directed by the insurance company
- Once the claim is filed and the investigation is completed, the insurance company will give the decision of either approval or disapproval. If your claim is approved, you will be compensated.
If you have any concerns or are unclear about a claim, speak with a car accident attorney or your insurance provider. If you are looking for legal guidance, contact our office and we will be happy to counsel you, your initial consultation is free of charge.