Knowing the Difference Between First-Party and Third-Party Personal Injury Claims

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If you drive a vehicle in America, it is required that you carry auto insurance to protect yourself and other parties. In New York, for example, all drivers must have New York State liability insurance that covers both property damage and bodily injuries in the event of an accident. If you are involved in a car accident, it will either be your or the other driver’s insurance (depending on who is at-fault) that will pay for the damages.

If you are injured in an automobile accident, then you will have to file a personal injury claim to be compensated for your injuries. There are two types of personal injury claims in New York. They are called first-party and third-party claims. Knowing which type of claim to file and what it includes can be helpful to your personal injury case.

First-party and third-party claims in New York

The type of claim you file depends on which party acted negligently and caused the accident. Here are some more details about each type of claim:

      • First-party claims. A first-party claim involves only two parties, the policyholder and insurance company. If you caused the accident, then you will likely file a first-party claim with your own insurance company.
      • Third-party claims. This type of claim involves three parties, the policyholder, their insurance company and the party filing the claim. If you are injured by another party in an automobile accident and you believe the other party is at-fault, you will file a third-party claim against their insurance company.

Most insurance companies will conduct their own investigation to determine who was at-fault in the accident. In order to protect yourself, you should hire a personal injury attorney to help you investigate and prove who was at-fault.

Will my insurance go up after a claim?

Whether your insurance premium goes up also depends on who was at-fault in the accident. If it is proven that you acted negligently and caused damage or bodily injury to another person or persons, then it is almost certain your insurance rates will go up. If the accident was not your fault and you are filing a third-party claim, then you should not experience any changes in your insurance policy.

Get in touch with our skilled New York automobile accident attorneys

If you’re not sure what type of claim to file, we recommend contacting a knowledgeable car accident attorney in New York. With over 70 years of combined experience, Sayegh and Sayegh has resolved hundreds of personal injury cases for our clients over the years. Located in Yonkers, New York, we serve Rockland, Westchester, Bronx, Dutchess, Putnam, Orange and Ulster Counties.

For a consultation, contact us online here or give us a ring at (914) 968-5800.