In the legal field, “discovery” refers to “the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial.” This is often the longest and most grueling part of the litigation process, and it can take over a year.
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First Party and Third Party Insurance Claims
Two Types of Insurance Claims - First Party and Third Party
The type of claim you file depends on the circumstances of the accident, including who was at fault, the type of collision that occurred, and the specifics of the insurance policy.
A first party claim is filed with your own insurance company if you are determined to be at fault for the collision, or if the at-fault driver carries little or no insurance to cover the cost of your injuries.
Examples of first party insurance claims include:
- Medical Payments covers medical expenses of the “insured” related to a crash;
- Uninsured/Underinsured Motorist covers medical expenses and pain and suffering damages suffered by the holder of the policy when they are injured by a person driving without insurance or with limited insurance coverage;
- Property Damage covers for repair or replacement of a vehicle;
- Peripheral Coverages include towing expenses, loss or damage of personal property inside the vehicle, and other such losses.
A third party claim is filed against the insurance company of the at-fault driver for personal injury and property damage. A third-party claimant may recover medical expenses, lost wages, and additional money for pain and suffering or inconvenience. This is also called a liability claim because someone else is liable (responsible) at least in part for the injured person’s damages.
Sometimes it is relatively easy to determine which type of claim to file, but often, a claim can be complicated by the events of the accident and the insurance policies involved. It is usually a good idea to consult with an experienced injury attorney to ensure that an injured person’s rights are upheld and a full settlement is obtained.
These types of actions are called third party claims because they are normally brought simultaneously with workers’ compensation claims against someone other than your employers.
One type of bad faith claim against an insurance company is a third-party claim. A third-party bad faith claim arises when an insurer fails to defend or pay a valid claim which has been brought against a covered individual by an injured plaintiff.
While workers’ compensation laws do prohibit civil actions against employers, you may file a third-party wrongful death action against another liable party.
Often times parties settle for less than the total costs of expenses. This occurs in accidents involving multiple vehicles. However, what happens, if anything, in the case of a single-car crash?
Because of this law, uninsured drivers can’t make a claim for pain and suffering. Drivers who do not have a basic, state-required personal injury protection (PIP) policy at the time of an accident will not have theFULL ability to sue for losses. Go here to learn more about how this law affects Kansas drivers who are injured in car accidents.
It's no news that distracted driving is a problem, but recent reports show how pervasive it is. Personal injury law firm Bill Coats Law in Bellingham, WA compiles this comparison of common driving distractions and how dangerous is one is.
PIP stands for Personal Injury Protection and is automatically included with many auto insurance policies. Though individual policies vary, it may include $10,000 towards wage loss. But there are some important things to know about PIP and what it means to put it into action. Bill Coats Law in Bellingham, WA put together this article and video to help consumers understand auto insurance policies and what next steps to take in the unfortunate event of a car accident.
After an automobile accident, it's natural to feel overwhelmed and uncertain about what happens next. Bill Coats Law, in Bellingham Washington, has put together a YouTube Channel to answer some common question in hopes to help accident victims start on the right path to full financial recovery. Click here to get the answers you need.
Bellingham personal injury lawyer Bill Coats recorded a series of videos to discuss common policies and pitfalls of the insurance claims process. One of these is called subrogation, and is an important concept that accident victims and survivors of those who were fatally injured need to know. To learn more about this common insurance policy aspect, click here.
If you or a loved one has been in an auto accident and experienced wage loss, or you're looking at having to re-train for a lower paying job because your injuries will prevent you from going back to what you used to do, you've got options. Click here to learn about wage loss, future wage loss, and your rights as an auto accident victim.
There is a bias out there about motorcyclists, and some unfortunately do ignore speed limits or safety requirements, much like any driver. So if you are involved in a single motorcycle crash, does this automatically mean you are the only one at fault? There are certain considerations that may apply, and there could be more to your accident than is obvious. To learn more about what to do after you were involved in a single motorcycle crash, click here.