Third-Party Insurance Claims After a Car Accident

When you are involved in a car accident, you may become stressed, confused, and overwhelmed about what to do and how to obtain the compensation needed to recover your losses. One of the first terms you may hear about is a third-party insurance claim. If you have never been in a car crash, it is important to know and understand this type of insurance claim, how it works, and how to pursue it.

How does a third-party insurance claim work?

A third-party insurance claim, also called a liability claim, goes against the at-fault party’s insurance company. If you are injured because of someone else’s negligence, you can file a third-party insurance claim against their insurance company for the damages you have incurred. However, to successfully do this, the at-fault party must have insurance coverage to cover your damages, and you must be able to prove that they are directly responsible for your car accident, injuries, and other losses.

What is the difference between a first-party and third-party claim?

Below are the differences between a first-party claim and a third-party claim.

• First-party claim: When you file a claim with your insurance company, this is referred to as a first-party claim. You usually would do this if you have not been involved in a crash with another vehicle or if the driver who hits you does not have enough or any insurance coverage at all. A few examples of a first-party claim are an uninsured insurance claim, an underinsured insurance claim, a medical pay coverage claim, a PIP coverage claim, and a rental car coverage claim. It is important to note that these coverages are typically not based on fault, but since they are optional in Oklahoma, you must have them on your policy to file a first-party claim.
• Third-party claim: A third-party claim is filed against the liable party’s insurance company. If you are struck by a driver who was texting and driving, speeding, drinking and driving, or tailgating, this is considered negligent, making them liable for your accident. You can prove the other person’s fault in the crash by presenting photographs, surveillance footage, dash cam footage, medical records, police reports, witness statements, and more.

What can be recovered through a third-party claim?

If your third-party claim succeeds, you may be able to recover various losses, such as:

• Medical costs: Medical costs refer to all costs associated with treating your injuries. This can be ambulance rides, emergency room visits, overnight hospital stays, surgeries, doctor’s office visits, physical therapy appointments, in-home nurse aide services, occupational therapy appointments, medical devices, prescriptions, etc. Car crashes can result in severe and life-threatening injuries that can lead to long-term disabilities. When you file a third-party claim, you and your car accident lawyer must think about the lifelong consequences that you may encounter due to the accident.
• Lost income: Many car accident victims need to take time to heal and recover, which means that they may spend several weeks or months out of work. As a result, you may lose much-needed income during this time, making it difficult to pay your bills and living expenses. You and your attorney can determine how much income you have lost by multiplying your hourly wage by the number of hours you have missed. For example, if you make $20 per hour and miss three weeks of full-time work, you will multiply 20 x 120, which is $2400.
• Property damage: You will likely experience significant property damage when involved in a collision. This is usually due to the force and impact that occurs when your car and the other vehicle collide. To help you pay for your auto repairs, mechanic fees, or even a total vehicle replacement, you may be able to claim property damage on your third-party claim.
• Pain and suffering: Pain and suffering damages are usually intangible. However, that does not mean they are less important than tangible losses. These damages cover physical and chronic pain, emotional distress, mental anguish, anxiety, depression, loss of quality of life, loss of enjoyment of activities, embarrassment and humiliation, scarring and disfigurement, disability, and more. It is important to know that it can be difficult to determine how much money you need to recover for pain and suffering losses, which is why your attorney will likely work with various professionals to obtain an accurate and fair compensation amount.

What is the statute of limitations for a third-party claim after a Tulsa car accident?

Oklahoma’s statute of limitations gives car accident victims two years from the date of the crash to file a third-party claim against the at-fault party’s insurance company. Two years might seem like a long time, but the deadline can arrive quickly when it comes to collecting evidence, speaking to witnesses, and building a case.

Can I still file a third-party claim if I am partially at fault for the crash?

Yes, you can still file a third-party claim and seek compensation for your losses, even if you were partially at fault for the crash. Oklahoma follows a modified comparative fault system. This means that you can still take legal action as long as you are less than 50 percent at fault for the crash. However, your fault percentage will be deducted from the compensation you receive.

The Tulsa car accident attorneys at Biby Law Firm Injury and Accident Lawyers are committed to helping clients file third-party claims and secure the maximum compensation possible based on their injuries, medical bills, property damage, and other losses. If you are ready to work with a team that does everything they can to protect your rights, please call our office or submit our contact form to schedule a free case evaluation today.