A third party car accident claim is one that you submit to the at-fault driver's insurance provider following an accident. In a first party claim, you would seek compensation from your own insurance.
Knowing when to file a third party claim is important, as well as how the process works and what kind of evidence is required. Read on to learn more about third party car accident claims in Connecticut.
For anyone involved in a car accident, we urge you to speak with a CT car accident lawyer as soon as possible. With a lawyer, such as Brandon J. Broderick, Attorney at Law you will receive the help you need to get the most out of your car accident claim. It's best to get the advice of a lawyer instead of trying to handle the legal process on your own.
How a Third Party Liability Claim Works in Connecticut
When you plan to file a claim against a third party in a car accident, it's important to make contact with their insurance company as soon as you can after the accident. However, it's recommended that you do so through a car accident lawyer. As a follow-up, you can consider sending the insurer a written notice. Inform the insurance provider that the accident involved one of its policyholders and give the insurance adjuster the basic detail about what happened.
The insurance company could agree that their policyholder is accountable. But typically, at least initially, this isn't the case. The company will want to look into the accident on their own to see who was at fault.
There may be minimal communication with the insurer during the claims procedure. The complexity of the case will determine this. It's important to keep in mind that the insurer will want what's best for the company, which means it will not want to pay the full amount. Thus, negotiating a settlement with the insurance provider could be difficult. However, as long as you have a strong case against their policyholder, you shouldn't have a problem winning the case.
There are specific situations where you should exercise caution when speaking with the other party's insurance company after an accident. The first is that you should never consent to give a recorded or written statement regarding the accident without first speaking with a lawyer. Although an adjuster can seem to be sympathetic to your situation, this can be detrimental to your case. They may twist your words and use them against you in order to pay you less in settlement or flat out deny your claim altogether. They may also pressure you into taking an early settlement offer that could be lower than you need to cover your losses. It might be tempting to accept an early offer. You typically forfeit the chance to sue later on by doing this. As a result, months or years from now you might find yourself having to pay further accident-related expenses out of your own pocket. These expenses could end up being very high.
A release of your medical records should also not be signed without first consulting a lawyer. The insurance only requires medical information that is related to the accident. You risk having an adjuster invalidate your claim if you give an insurance company access to all of your medical records and they blame your present injuries on past ones.
Consult a lawyer if the claims process becomes difficult, if there is a disagreement over who is at fault, or if your injuries are severe. Even though the majority of minor third party disputes can be resolved without legal assistance, there are rare cases when it might be advantageous.
When Should I File a Third Party Claim After My Accident?
Each state has its own set of at-fault or no-fault accident laws. People who are involved in an accident file a claim with their own insurance carrier regardless of who was at fault in a no-fault state. In contrast, the accident victim will submit a claim against the at-fault driver's insurance company in an at-fault state such as Connecticut.
A third party claim is usually your main option for recovering losses when someone else's negligence caused the accident, however you may have the ability to file against your own insurance company if you have specific types of coverage in your policy.
After being involved in an accident, it's important that you get the information of the other driver, such as their name, contact details and their insurance information. It is up to you to file a claim even though that person should notify their insurance provider about the incident.
Evidence That Can Support Your Third Party Car Accident Claim
A third party claim must be supported by evidence that proves the other driver was at fault.
Eyewitness testimonies, photographs of the accident scene, crashed vehicles, and injuries, as well as a copy of the police report can all be useful pieces of evidence in proving your case and demonstrating fault or negligence. You can establish your injuries with the aid of your medical documents as well.
Involved in Connecticut Car Accident Case? Our Legal Staff Can Assist You
You don't have to face an automobile accident alone. Our Connecticut car accident attorneys can help you make sense of what transpired and choose the best course of action. At moments like this, it can get stressful, but don't be concerned. Our team at Brandon J. Broderick, Attorney at Law are dedicated to supporting and assisting our clients in their time of need.
Call us today for a free consultation so we can help you decide what steps to take next.
We represent clients across the state of Connecticut, with offices in Bridgeport, Danbury, Hartford, New Haven, Norwalk, Norwich, Waterbury and Stamford.