Stuart, Florida personal injury and medical malpractice lawyer, Guy S. DiMartino, explains the differences between first and third party insurance claims.
Many times lawyers and insurance adjusters will take things for granted and use terms of art that a person not involved in the profession doesn't really understand. Let me give you a case in point. A few weeks ago, a client called up my office and he was pretty distraught. Apparently, his doctor's office spoke with the insurance adjuster about getting a medical bill paid, and the in essence, the insurance adjuster told the doctor's office – “I'm the third party” don't bother me with the your bills. This was repeated to the client by someone in the doctor's office and the client called the office questioning why the insurance company said there was a “third” car involved in the accident when it was only a two car accident. So, I called up the client and explained what the insurance adjuster meant by his statement. The insurance adjuster didn't say that there were three cars involved the crash – the insurance adjuster said that he was the “third party” insurance adjuster so he was not responsible for the medical bills as they come due.
What is a third party insurance claim?
A third party insurance claim is a claim that is made against another person. Like the example above, if somebody is injured in a rear-end collision and brings a claim against the other driver, that is a third party claim.
Types of third party claims
Below are a few types of third party insurance claims
- Asking the other driver's insurance company to fix your car damaged in a crash
- Asking the other driver's insurance company to pay for your injuries in a crash
- Making a claim against a homeowner because you were injured on the property
- Making a claim against a against a business owner because you were injured on the property
- Pretty much any claim that you can think of that is not against your insurance company
What is first party insurance claim?
A first party insurance claim is a claim that is made against your insurance company under your policy insurance policy.
Examples of firs part insurance claims:
- Personal Injury Protection (“Florida No-Fault”) claim for medical expenses because of a car accident
- Medical payments claim for medical expenses because of a car accident
- Collision damage claim because of a car accident
- Window damage claim in your car
- Car theft claim
- Private disability claim
- Homeowners claim for damage to property because of a hurricane, broken pipe or water heater leak
Why does it matter if you're making a first or third party claim? Because your obligations and duties to the insurance company are much different depending on whether you are making a first or third party insurance claim.
If you have any questions about a Florida insurance claim, you can call me directly on my cell phone at (352) 267-9168 or fill out the internet consultation form on the right hand side of the screen.