When you suffer injuries due to another person’s negligence, it will be important for you to understand whether you have the right to file a first-party or third-party insurance claim. In short, a first-party claim is one you file with your own insurer, while a third-party claim is one you file with someone else’s insurer.
At Marks & Harrison, our Virginia personal injury lawyers can help you determine your legal options. In some cases, a person may be eligible to file both types of insurance claims.
What Are First-Party Insurance Claims?
First-party insurance claims are the ones you file with your own insurance company for losses you have incurred. These claims are usually based on property damage or personal injury. The compensation you get depends on the policy limits and what your policy covers.
What Are Common Reasons for Filing a First-Party Claim?
You can file a first-party claim for many reasons. Types of first-party claims include the following:
- Auto insurance – When someone else’s negligence causes you to suffer harm in a car accident in Virginia, you typically file a claim with the other driver’s insurer, or a third-party claim. However, if the driver lacks insurance or enough insurance to cover your losses, you may be eligible to file a first-party uninsured motorist (UM) or underinsured motorist (UIM) claim with your own auto insurance company.
- Homeowners insurance – If you have a fire, theft, or natural disaster, you can file a claim against your homeowners’ insurance.
- Health insurance – If you suffer an illness or injury, you can file a claim with your health insurance to cover the cost of your medical care. Your health insurance may also cover your dental or vision costs.
What Are Third-Party Insurance Claims?
Third-party claims are those filed with the insurance company of someone who caused you harm through their actions or inaction. These claims could be initiated with a demand letter outlining the way you were injured, how the insurance company’s insured person harmed you, and the total amount of compensation you believe you are owed.
Be prepared to engage in negotiations with the insurance company. They are for-profit businesses and will not willingly part with any money they are not required to pay. If you must file a third-party claim, you should talk with a skilled Virginia personal injury lawyer first. They can handle your claim for you and are skilled at dealing with insurance companies and their tactics to minimize your claim.
What Are Common Reasons for Filing a Third-Party Claim?
You can file a third-party personal injury claim for a wide variety of reasons, including the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Nursing home injuries
- Pedestrian injuries
- Boat injuries
- Uber accidents
- Dog bites
- Medical malpractice
- Dangerous drugs
- Defective product claims
- Slip-and-fall claims
- Work injury claims not caused by your employer or a co-worker.
Another reason to file a third-party claim is construction disputes. A homeowner who has work performed on their house by a contractor may sue that contractor for faulty work. In turn, the contractor can file a third-party claim against the subcontractor who actually performed the defective work.
Can You File Both a First-Party and Third-Party Claim?
When you file a third-party claim for a personal injury, such as one after a car accident, it may take time to resolve the case through a settlement. For instance, your attorney at Marks & Harrison will need time to fully investigate the accident, identify and interview witnesses, collect evidence such as the cars’ “black box” data and cell phone records, and carefully calculate your damages.
You can file first-party insurance claims to cover your property damage and your health care between the date of the accident and the time when the at-fault party’s insurer pays the compensation you’re due, whether as the result of a settlement or verdict.
Filing both types of claims does not mean you get money twice for the same costs. If your first-party insurer pays for your property damage and medical bills, they will initiate a subrogation claim against your third-party claim. When your third-party claim pays out, your first-party insurer’s subrogation claim will be reimbursed before you receive any compensation.
Is There a Deadline for Filing a First or Third-Party Insurance Claim?
The deadline for filing a first-party insurance claim can be found in your insurance policy. Each insurance policy may be different. The best course of action is to notify the insurer that you will have a claim right away and file the claim as soon as possible.
There is no actual deadline for submitting a demand letter to the third-party insurer. However, if you must file a lawsuit to pursue the compensation you deserve, Virginia law provides a deadline. If you are filing a personal injury lawsuit because someone else injured you, the deadline is two years from the date of your injury.
Contact a Virginia Personal Injury Lawyer
When you’ve been injured by someone else, you may be entitled to recover compensation for your accident-related physical, emotional, and financial harm. You need a skilled Virginia personal injury attorney from Marks & Harrison to guide you through the process.
Marks & Harrison has over 100 years of experience in fighting for injured Virginians. We have 32 personal injury lawyers and more than 130 people in our support team. Three of our attorneys do nothing but research to help our trial attorneys prepare cases for court.. We also have an in-house team of investigators.
Our firm has 14 offices located throughout Virginia, as well as night and weekend staff to answer you 24/7. Our Client Bill of Rights guarantees that we treat you with care, respect, and compassion.
Marks & Harrison has recovered over $1 billion in settlements and verdicts for our clients. In that time, we’ve also gathered complimentary testimonials from the people we’ve helped. We’d be honored to put those same skills to work for you, too.
If you were injured by someone else, don’t try to handle your case yourself. Call Marks & Harrison or contact us online today for a no-obligation, free consultation with a member of our team. We’ll discuss your case and advise you of your options for pursuing the compensation you deserve.
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