File third party bodily injury claim for a car accident?

Answer:

In auto insurance terminology, a third party is someone other than the insured who is injured in an accident. If you were involved in an auto accident where the other driver is at fault, you can file a third party bodily claim with his insurer - if he is insured. However, it is always advisable to have your own insurance in the case the at-fault driver is either uninsured or under-insured.

Third Party Bodily Injury Claim

In an insurance claim, a third party who is injured in a car accident and who may submit a claim for bodily injury includes a passenger in the at-fault driver's car, another driver/passenger, a pedestrian crossing the street or someone whose property is damaged in an accident. If the third parties suffer bodily injuries, they can make a claim for compensation from the at-fault driver's insurance company.

Procedure

If you were injured by an at-fault driver and you submit a claim with the driver’s insurer, the insurance company will review your claim and it insurer determines that their customer is legally liable for your injuries, they will offer you a settlement. If you are satisfied with the amount they offer, they will ask you to sign a release. However, if you are not satisfied with the offer, you may refuse the offer and seek a better offer. If they do not offer you a better offer, you have the option to sue them in civil court. In comparative negligence states, if you are found to have been over 50 percent at fault, you will not recover. If less than 50 percent, your compensation will be reduced by the percentage of your negligence. Additionally, insurance companies will require that all medical treatments have been completed before they offer a settlement.

Talk with an experienced auto accident attorney to discuss filing a third-party bodily claim.