The Difference Between First-Party and Third-Party Car Accident Insurance Claims
In Jacksonville and the whole of Florida in general, car accident victims that suffer injuries and losses are allowed to make two types of insurance claims: first-party and third-party insurance claims. Since Florida is a no-fault state, an injured motorist is expected to file a claim with their insurance company after an auto accident. A motorist can only seek compensation from an at-fault party’s insurance company if their injuries are severe enough or their medical costs exceed a certain limit.
When hurt in a Florida car accident, you need to determine which insurance claim you need to file as fast as possible. Injuries sustained in auto accidents usually have adverse effects on victims’ lives. Medical costs, lost wages, pain, and suffering, are just a few examples of damages people suffer after auto accidents. Because of the adverse effects of injuries sustained in auto accidents, understanding whether you need to file a first-party or third-party insurance claim after your accident is important to ensure you receive timely and/or fair compensation.
First-Party vs. Third-Party Car Accident Insurance Claims
When you are involved in a Florida auto accident, the law expects you to file a claim with your insurance company. Regardless of who is at fault in the accident, your personal injury protection insurance can cover medical expenses up to a certain limit. The claim you make against your insurance company is known as a first-party insurance claim.
You can also file a first-party insurance claim when involved in an accident with an uninsured or underinsured motorist in Florida. If you purchase bodily injury liability cover, your insurance company can include in your insurance coverage uninsured and underinsured motorist coverage options. When you have such options, you can receive compensation from your insurance company when involved in an accident with an uninsured or underinsured motorist.
When your car accident results in severe injuries, such that your insurance coverage cannot cover your medical costs, you can file a third-party car insurance claim. You file such an insurance claim against the at-fault driver’s insurance company. However, you must prove that the other driver acted negligently and played a role in causing your accident for you to receive compensation in such a situation. Additionally, you can only make a third-party insurance claim against another motorist if they have that type of third-party liability coverage. So, for example, if you are in an accident with an uninsured driver, you cannot file a third-party insurance claim against their insurance policy since they don’t have an insurance policy.
Contact Us for Legal Help Today
Allow a qualified attorney to help you determine which insurance claim to file. In some instances, you might need to file both first-party and third-party insurance claims after a car accident. When you don’t consult an experienced personal injury attorney, you might not be able to tell whether you need to file one claim or both. If you have been in a Florida car accident, our Jacksonville personal injury attorneys at the Pendas Law Firm can help you determine which insurance claim you need to file. Contact us today to schedule a free, no-obligation consultation.
The Pendas Law Firm also represents clients in the Ocala, Tampa, Orlando, Fort Lauderdale, Bradenton, Daytona Beach, Fort Myers, Miami, and West Palm Beach areas.
Resource:
m.flsenate.gov/statutes/627.727
