First-Party Vs. Third-Party Personal Insurance Claims Explained (2024)

First-Party Vs. Third-Party Personal Insurance Claims Explained (1)

Do you have a first-party insurance claim or a third-party insurance claim?

A first-party insurance claim involves filing a claim directly with your own insurance company for damages or losses. This type of claim typically covers incidents affecting you or your property. On the other hand, a third-party insurance claim refers to the process of filing a claim with someone else’s insurance provider, usually after an incident where you are not at fault. This claim is filed against the insurance of the party responsible for the damages or injuries suffered.

Your insurance policy contains a set of promises that your insurer makes to you about what it will pay for if a “covered” event happens.

The insurance policy also contains a set of rules that you, the policyholder, must follow to receive payment from the insurer. This includes making timely payments of your premiums.

An insurance policy is therefore a contract between you and your insurance company.

Your insurance company will not pay for any event not covered in your policy (usually referred to as “exclusions”).

Common exclusions include injuries resulting from intentional or reckless acts like street racing, or from extraordinary sources like nuclear radiation.

Another exclusion that has become common in recent years is an injury that results while driving in a ride-sharing program like Uber or Lyft.

There are two types of insurance claims that an injured person may bring, depending on the factual situation.

This distinction is important to understand when evaluating insurance coverage options.

What is a First-party Claim?

A first-party insurance claim, in the context of insurance, refers to a claim filed with your own insurance company following an accident or injury. This type of claim is made by policyholders who have purchased insurance and is used to request compensation for covered losses or damages incurred in accidents. For instance, if you damage the trunk of your car by backing into a pole, filing a claim with your own insurance company would be a first-party insurance claim.

After you file, the insurance company looks at your policy to determine whether you carry the type of coverage needed for them to compensate you for the particular type of loss.

In this example, the relevant policy would be collision coverage. If you have the coverage, the insurance company will reimburse you for the amount of money your trunk repairs cost, less your deductible.

Making a claim on your uninsured/underinsured motorist policy is a first-party claim, which you can read more about on our page: Four Benefits of Uninsured/Underinsured Motorist Bodily Injury Insurance.

What is a Third-party Claim?

A third-party claim in insurance refers to a type of claim that is initiated by an individual who is not the policyholder or the insurance company itself. This typically occurs in situations like a car accident caused by another driver. In such cases, you, as the victim, have the right to file a third-party claim with the at-fault driver’s insurance company to seek compensation for your covered accident-related expenses. For example, a drunk driver runs a red light and collides with your vehicle. In such an auto accident, you will likely file a claim with the drunk driver’s insurance company.

In this example, the driver’s insurance company would be responsible for your damages. This is because a drunk driver’s liability coverage covers injuries caused by his negligent driving.

Because there is no contract between you and the at-fault driver’s insurance company, there are several benefits of filing a third-party claim. You may make claims for damages that your own insurance policy may not cover. Examples of such damages would be payment for medical expenses, pain and suffering, mental anguish, and lost wages.

Imagine you’re involved in a car accident caused by another driver running a stop sign, leading to vehicle damage, a broken arm, and whiplash. In such cases, you might file a third-party insurance claim.

This claim involves notifying the at-fault driver’s insurance company, detailing the incident, injuries sustained, and seeking compensation for medical expenses and property damage.

The claims process can be complex and overwhelming. Regardless of whether you are dealing with a third-party or first-party claim, get advice from an experienced personal injury attorney.

The attorneys at Armstrong Lee & Baker LLP are knowledgeable and experienced in the rules, procedures, and the law relating to first-party and third-party claims. Contact our Firm today for a free consultation regarding your claim or potential claim.

You may also find helpful information at the following links:

  • Determining Who Is “At-Fault” for an Accident
  • Three Types of Property Damage You Can Recover After an Accident
  • Contacting Insurance Companies

We can Help with Your First-Party and Third-Party Insurance Claim

Contact the experienced insurance claims attorneys at Armstrong Lee and Baker Today. We can help with your first-party and third-party claim insurance. If you need help with your first-party insurance claim or your third-party insurance claim, our Houston insurance lawyers are here to help.

Where You Can Find Our Houston, TX Office

Our car insurance lawyers have helped hundreds of victims and we have the experience and professionalism to help you. Contacttoday for your free consultation.

Our attorneys have the expertise, experience, and compassion to get you the compensation you deserve. Don’t wait, contact us today to schedule a time convenient to you to discuss your case.

First-Party Vs. Third-Party Personal Insurance Claims Explained (3)

Scott Armstrong

Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf. In the process, he has recovered millions for his clients.

First-Party Vs. Third-Party Personal Insurance Claims Explained (2024)

FAQs

First-Party Vs. Third-Party Personal Insurance Claims Explained? ›

A first-party insurance claim is a claim you make directly against your own insurance. A third-party insurance claim occurs when you submit a claim to someone else's insurance provider. The third-party definition is going outside of your insurance provider when seeking compensation.

What is the difference between a first-party claim and a third party claim? ›

The first party is the insured individual. The second party is the insurance company. The third party is another individual. Therefore, a third-party insurance claim is made by someone who is not the policyholder or the insurance company.

What's the difference between first-party and third party insurance? ›

First-party insurance covers the damages or losses caused to the policyholder or his/her vehicle. Covers the damages sustained The damages can be sustained during riots, strikes, earthquakes, floods, fire, theft etc. Third-party insurance covers damages or losses caused only to the third party due to an accident.

What is an example of a third party insurance claim? ›

Examples of such damages would be payment for medical expenses, pain and suffering, mental anguish, and lost wages. Imagine you're involved in a car accident caused by another driver running a stop sign, leading to vehicle damage, a broken arm, and whiplash. In such cases, you might file a third-party insurance claim.

What does third party mean in insurance claim? ›

Third-party damage is damage to someone else's property. This is most likely to be another car, but also includes damage to someone's wall or fence, for example. Third party damage doesn't include damage to your own car. Third-party insurance may also cover compensation costs if you injure someone.

What is the difference between first party and third party collections? ›

While first-party collections engagement happen under the company's title, third-party engagements are done under the title of the collections agency. By leveraging the knowledge and resources of these agencies, businesses can streamline their operations and focus on core activities.

Will a third party claim affect my insurance? ›

Will a Third-Party Claim Affect My Insurance? Typically, third-party claims are separate from your insurance. If you are worried about your premiums being affected, you can file the third-party claim directly with the insurance company of the person at fault.

Why use third party insurance? ›

Benefits of Third Party Car Insurance Policies are:

Third party car insurance policy covers the insured person's legal liability in case of death or disability to any third party, and any loss or damage to a third party property. The legal and financial burden is taken care of in such a scenario.

What is the difference between first party and third party? ›

"First-," "second-," and "third-" party data refers to how you ended up with the data. "First" means you collected it yourself; "third" means you received it or purchased it from an aggregator; and "second" means that a trusted partner provided you with their first-party data.

What is the most common third party insurance? ›

Third-party insurance generally comes in the form of liability insurance, or casualty insurance, and covers instances of bodily injury or property damage. Two common types of third-party insurance policies are homeowners insurance policies and auto insurance policies.

Should I file a third party claim? ›

Alternatively, if another driver is at fault and they have adequate insurance, you would submit a third-party claim to their insurance company. However, there may be instances where you could file both types of claims.

What is a claim against a third party? ›

Third-party claims may refer to a situation in which an individual or organization brings a legal claim against a third party who is not directly involved in the incident or dispute at hand but may be liable for related damages.

Should I call my insurance if it wasn't my fault progressive? ›

Technically, you're required to report a claim even if it's not your fault. We're here to protect your interests and help when you're involved in an auto accident, no matter who was at fault. Reporting a claim is particularly important when people are injured or there's damage to another person's car or property.

Who pays the excess in a third party claim? ›

If both parties have insurance, both will claim and are liable for an excess. Once paid, your insurer can claim back from the third party's insurance for a refund. The recovery thereof, hinges on the accuracy of the third party's details recorded at the time of the accident.

What is the difference between third party claims and first party claims? ›

A first-party insurance claim is a claim you make directly against your own insurance. A third-party insurance claim occurs when you submit a claim to someone else's insurance provider. The third-party definition is going outside of your insurance provider when seeking compensation.

Why is third party more expensive? ›

Why is third-party insurance more expensive than comprehensive? Third-party car insurance is often more expensive because historically insurers have seen higher risk drivers taking out these policies who are more likely to make a claim.

What is the difference between first party and third party cyber claims? ›

While first-party cyber coverage will cover a business from internal data loss and breaches, third-party cyber insurance offers additional protection by covering insured businesses if a third-party makes a claim against their organization.

What is the difference between first party and third party payments? ›

Third-Party payments, on the other hand, are payments made on behalf of others, such as clients, users, or partners. Whereas first-party payments are operational or financial payments, third-party payments are referred to as product payments.

What is the difference between third party and first party indemnity? ›

Third party claims occur when one party to the contract agrees to indemnify the other party from claims brought by a third party, or person not part of the agreement. First party claims, on the other hand, provide indemnification for claims resulting from the conduct of one of the parties to the agreement.

What is a 3rd party insurance? ›

Third-party insurance is a form of liability insurance that covers you when someone makes a claim against you for damages. A common example of this is auto insurance, which will pay another driver who is injured in an accident that you have caused.

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