In California personal injury cases, third-party insurance claims refer to claims made by an injured party (the claimant) against the insurance company of the person or entity responsible for causing the injury. In the context of automobile accidents, for example, if one driver is at fault for the accident, the injured party can file a claim with the at-fault driver’s liability insurance. This type of claim typically covers medical expenses, lost wages, and pain and suffering resulting from the accident. The injured party may also seek compensation for property damage if their vehicle or other property was damaged in the accident. Third-party claims are essential for seeking compensation when the at-fault party has sufficient insurance coverage.
In California, the insurance company of the at-fault party has a duty to investigate the claim and determine the extent of liability. If the at-fault party is found to be responsible for the injury, the third-party insurance company will typically offer compensation for the claimant’s injuries based on the terms of the policy. However, in many cases, the insurance company may offer a settlement that is less than the full value of the injuries or damages, or they may dispute liability altogether. In such cases, the injured party may need to negotiate with the insurer or, if necessary, file a lawsuit to pursue the full amount of compensation they believe they are entitled to under California law. Comparative negligence may also be considered if both parties are found to share fault for the accident, potentially reducing the total amount of compensation.
Third-party insurance claims can be complex, especially when dealing with large medical bills, significant property damage, or permanent injuries. In California, personal injury claims are often subject to a statute of limitations, which generally gives the injured party two years from the date of the accident to file a lawsuit if a fair settlement cannot be reached with the insurance company. If the at-fault driver is uninsured or underinsured, the injured party may turn to their own Uninsured/Underinsured Motorist (UM/UIM) coverage for compensation, assuming such coverage is part of their auto insurance policy. Third-party claims may also extend beyond car accidents to other types of personal injury cases, such as slip and fall accidents, where the claimant seeks compensation from the business or property owner’s liability insurance. In all cases, working with an experienced personal injury attorney can help navigate the complexities of third-party claims and ensure that the injured party receives the compensation they deserve.
