After an accident, you file a third-party auto insurance claim with the insurance company of the driver who was at fault. Generally, in New Jersey car accidents, you file a first-party claim with your own insurance company and seek compensation for damages. However, there are circumstances where a third party claim may be an option.
We will explain third party car accident claims further in the following article. However, if you are injured in a NJ car accident, we strongly recommend that you consult with a NJ car accident lawyer to understand your legal options, such as third party claims.
Brandon J. Broderick, Attorney at Law has decades of experience in helping clients across New Jersey in car accident cases, as well as other types of personal injury.
Third Party Insurance Claim Explained
When filing a third-party insurance claim, you file it with the insurance provider of the driver who caused the car accident. This is also referred to as a liability claim. The "third party" or "at-fault party" is the party who is responsible for your losses, which includes both property damage and physical injuries. Following the claim, an investigation will be conducted, and if there is an approval of the claim, you are paid from the at-fault party's insurance company to recover your losses.
An example of this would be filing a third-party claim for the cost of the repairs to your vehicle and the cost of having it towed to a body shop for repair. The claim would be made against the insurance company of the at-fault driver. The compensation you generally get is in the form of a settlement, which is an amount both parties agree to so that the claim is resolved.
What Is The Process Of A Third Party Claim?
The injured party receives a payment to cover the costs of any property losses and/or bodily injuries they've sustained as a result of the liable party's acts in a third party insurance claim, if it is accepted. All drivers in NJ are required to carry auto insurance with a minimum amount of liability coverage, as is the case in almost all states.
Although property damage and bodily injury are the two main categories that third-party responsibility claims normally address, you can ask for additional damages for other, related costs. You may ask for lost wages if you are unable to work due to the injury you suffered from the accident. Alternatively, you may request reimbursement for a rental car if the collision totals your vehicle or needs to be replaced.
Filing a claim with a third party insurance provider is comparable to filing a claim through your own insurance provider. The steps you take are as follows:
Document and Gather Evidence
You should record and document all evidence related to the accident, which can be used when submitting a third party claim. Record the damage to your car with pictures and videos if it is involved in an accident. Obtain a copy of your medical records, including treatment, diagnosis, and doctor's notes, if you are injured in an accident. Make sure you have a copy of the police report.
Consult With A Lawyer Before Speaking With The Third Party Insurer
Although insurance adjusters can be friendly, it is a tactic to get you to say something or do something that can impact your claim. If you say, for example, that you're okay or not injured very badly, they will use that statement to minimize the value of your claim or reject it completely. It is highly recommended that you allow an attorney to correspond with the insurance company to get you the fair compensation you deserve.
Keep quiet, outside of basic facts when speaking with the insurance company. Consult with a car accident lawyer first before doing anything.
Agree On A Settlement
Your lawyer and the insurance company may go through rounds of negotiation before agreeing on an amount that is fair. This is called a settlement. Once a settlement is accepted, you cannot go back and ask for more money. This is why it’s important to understand the full extent of your losses before agreeing on a settlement.
Reach Out To Our Legal Team For Help With Your NJ Car Accident
You don't have to handle a car accident claim with a third party insurance company by yourself. Our car accident lawyers can assist you.
At Brandon J. Broderick, Attorney at Law, our staff is committed to helping and standing by our clients throughout difficult times.
For a free consultation to help you determine what to do next, give us a call today.