Texas law requires every driver to carry insurance when operating a motor vehicle. But, waving a magic wand and requiring everyone to do so by law doesn’t mean that everyone will follow through.
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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.
Because they cannot take the documentation or word of the plaintiff as truth, insurance companies look to these agents to look into all claims submitted and make sure they are legitimate.
Regardless of the severity of the collision you were involved in, there are important things to know about how a motor vehicle collision could affect your insurance premium moving forward.
My client is confused as to why their own insurance company is left with the bill. I assure my clients that they have been paying an extra premium every month to their insurance company for this EXACT scenario.
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