A first-party insurance claim in Atlanta is when you file a claim with your own insurer, should you have purchased coverage. On the other hand, you would file a third-party claim when you want to seek compensation from the party responsible for your injury.
Examples of liable third parties could be:
- An independent contractor
- A trucking company
- A government municipality
- A hospital
- A product manufacturer
We Can Help You with Your Claim
Determining if a third party was responsible, identifying them, and filing a claim with their insurer is not a simple process. First-party claims can get confusing, as well. Our injury lawyers can handle these tasks to help ensure that you are fairly compensated for your damages stemming from the accident.
For a free legal consultation, call 404-214-2001
You File a First-Party Claim with Your Own Insurer
Georgia is a fault state. In an auto accident, for instance, this means that you would typically seek compensation from the other driver’s policy if they were liable for the crash. However, there are cases where you would seek coverage through your own insurer, such as when the other driver’s policy falls short of your needs, and they own too few assets to file a lawsuit.
Insurance policies that cover your own medical care costs in the event of an accident are optional forms of coverage in Georgia. Also known as Medical Payments Coverage, this can help you account for anything from emergency room visits to ongoing physical therapy costs. It is especially useful if the other involved party doesn’t carry liability insurance.
However, if you didn’t purchase this insurance, don’t worry. You might have the option to file a third-party claim.
You File Third-Party Claims with Other Insurers
Filing a claim against a third party can be tricky because the person who caused the accident may not be the party responsible for paying you after your injury. In other words, liability can be complicated in personal injury. For this reason, it might be time-consuming to figure out who was responsible for your resulting damages.
In a third-party claim, you might be able to recover damages for your medical bills, lost wages, pain and suffering, property damages, and other losses.
The following is not a comprehensive list of all potential liable third parties, but some examples include:
An Independent Contractor
An independent contractor might be liable in workplace accidents and premises liability cases.
For example, if you work at a construction site and one of your company’s partners drilled a large hole in the ground and didn’t warn anyone about it or patch it up, you might have fallen and suffered injuries. In that case, that partner can be responsible for paying for your medical care and other related losses.
A Trucking Company
Trucking companies are constantly looking for new drivers, so they might speed up the hiring process by not reviewing some of the safety guidelines or performing background checks.
Let’s say a trucking company unknowingly hires a driver who was convicted of driving under the influence. This driver might have been drunk while transporting cargo and rear-ended you. Due to the trucking company’s negligence, they might be held responsible for the accident.
A Government Municipality
The city of Atlanta is obligated to keep the streets free of any potential dangers. Unfortunately, they may fall short of this responsibility at times.
For example, if there was roadkill on the street for days and a driver swerved to avoid it and ended up hitting you, we might find that the government’s inattentiveness ultimately led to the accident.
Hospitals and other medical facilities are required to hire skilled, qualified doctors to treat patients with the utmost standard of care.
Sadly, Johns Hopkins Medicine cites that medical error is the third-leading cause of death in the United States. Your doctor could have given you or your loved one the wrong medication, incorrectly interpreted the results of a test, or operated on the wrong body part.
Even though the injury was the physician’s fault, it could be the hospital’s responsibility to pay for your damages.
A Product Manufacturer
From defective drugs to poorly designed vehicle parts, you could hold the manufacturer accountable for your injuries due to their negligence.
For example, if your car was due for new brakes, the mechanic might have installed them perfectly. However, there could have been an issue in the production phase. Then, when you want to stop at a red light, you can’t, which makes you rear-end another driver.
A lawyer from our team can check if this part was recalled or had a defect.
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When Claims Turn Into Lawsuits
Insurance companies can be resistant when offering you the compensation you deserve. If your lawyer and the insurer cannot agree on a settlement amount, we are prepared to file a lawsuit on your behalf. How much time you have to submit your lawsuit depends on the type of accident in which you were involved.
Under OCGA §9-3-33, you generally have two years to file a personal injury and wrongful death lawsuit. The same timeline goes for medical malpractice lawsuits under OCGA §9-3-71. If you are suing a government municipality, you may have different time limits. We suggest you consult your lawyer to determine which timeline applies to your case.
In any event, it is best for you to act quickly, as you may not be able to take any legal action if you wait to file past the deadline.
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Call Kaine Law if You’re in Pain
At Kaine Law, we have recovered millions of dollars for our clients who have suffered injuries in various types of cases. Now it’s time for us to serve you.
To learn more about first-party vs. third-party insurance claims in Atlanta, call Kaine Law. The first call is complimentary, and we won’t charge you a penny unless and until you recoup your damages.
Call or text 404-214-2001 or complete a Free Case Evaluation form