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What Is a Third Party Insurance Claim?

When you file an insurance claim against another person’s policy, it’s a third-party claim. You might file a third-party claim if:

  • You were involved in a car accident, you weren’t at fault, and the accident didn’t occur in a no-fault state. Instead of filing a claim with your provider, you would file a claim against the at-fault driver’s insurance policy.
  • You were a passenger involved in a car accident. As a passenger, you wouldn’t need to file a claim against your policy. Instead, you would file one against the driver in the car you were in or another driver who caused the accident.
  • You were injured at work because a machine had faulty parts. You might file a claim against the insurance policy of your company or of the third-party manufacturer or machine provider.
  • You were injured at someone’s house. Your homeowner’s policy wouldn’t be in play. Instead, you’d file your claim against the policy of the homeowner where you were injured.
  • You were injured at a retail store. You’d file a claim against the store owner’s insurance policy.

Almost every third-party claim is liability related. The person at fault for the accident is the individual whose policy covers the injury. In some insurance policies, policyholders have coverage for third-party claims. This type of coverage protects the policyholder from being held personally liable for the expenses associated with an accident or injury.

My Company Has Already Paid a Claim on My Behalf, but I Wasn’t at Fault. Can I Still Obtain Compensation From Another Individual’s Policy?

In some cases, your own insurance may pay on a claim before an investigation concludes another individual was at fault. A process called subrogation can help in situations where an insurance company recoups that financial investment. Your provider will work with the other insurer to recover the money paid on your behalf.

How Do I File a Third-party Claim?

After an accident or injury, get medical attention as soon as possible. Medical records may be important in proving your injury to an insurance provider. You may also want to collect evidence from the scene, if you can. Take pictures, write down information you remember, and gather the names of any witnesses. The police report will also be helpful. Next, contact the third-party provider quickly, but consider waiting a day or two after the accident before doing so.

Once you know you have a potential claim, verbally notify the insurance provider of your intentions to file a claim. Afterward, write a letter clearly outlining the incident, your injuries, and detailed information regarding the expenses you’ve incurred as a result of the event. The more factual details you provide the fewer questions the insurance company will need to ask.

Working With Legal Representation

You may want to consult an insurance attorney before submitting your verbal or written notice. Insurance companies can and will take what you say and what you send in writing and use it to decrease a settlement amount or reject your claim completely. Your attorney can look over all the information you provide and speak with insurance representatives on your behalf.

At the Surrano Law Firm, we specialize in insurance law. We can answer any questions you have regarding your third-party claim and help you file a lawsuit if your claim is rejected or slowed down in bad faith. We also can help you determine whether a settlement on your behalf is fair. Let us protect your rights as an insurance claimant, and we’ll help you get the compensation you deserve to recover fully from your accident. Contact us today to learn more about your options.