In insurance law terminology third party claims for bodily injury means the claim you may have for a bodily injury you suffered in an accident caused by another driver. You can seek compensation for such bodily injury from the party whose negligence caused the accident.
Third Party Claim
If you are injured in an accident caused by another driver, you can claim compensation for your injuries from the insurance company of that driver. In an insurance claim, a third party is someone other than the insured. It can be a passenger in the car, a pedestrian crossing the street or a property owner whose property has been damaged in an accident. All third parties who suffer bodily injuries or property damages can claim for compensation from the insurance company.
Claims Procedure
When you make a claim with the other driver’s insurance company, the company will review your claim. If the insurance company determines that the other driver – their customer is legally liable for the damages or injuries, the company will offer a settlement. If you are satisfied with the settlement offer, you will be asked to sign a release. If you are not satisfied with the settlement offer, you can refuse the offer. If they do not make a better offer, you can sue them in a court of law for compensation. Generally insurance companies will not settle a compensation claim for bodily injury until all medical treatments are complete. Many states have a comparative negligence law. Under this law you can make a third party claim only if you are less than 50% at fault. The settlement amount will be reduced by your percentage of fault.
Underinsured or Uninsured Driver
Auto insurance requirements are regulated by state law. Everyone who owns an automobile must have auto insurance. The amount of auto insurance coverage a person must have varies from state to state. If the compensation you seek from the insurance company exceeds the insurance coverage availed by the driver or if the driver does not have insurance, then you can claim the balance from your insurance company if your auto insurance policy has an uninsured motorist clause.
Getting Legal Help
If you need to file a third party claim for bodily injury, consult with an experienced car accident attorney. An experienced attorney can negotiate with the insurance company on your behalf and if the insurance company does not pay you the compensation you rightfully deserve, the attorney can file a lawsuit against the insurance company.
