A first-party insurance claim is one that you submit to your own insurance provider in New York. However, you file a third-party claim to the insurance provider of another party. In a car accident, where coverage is not enough to cover your losses, you may need to submit both claims.

We will explain the ins and outs of third party claims in New York in this blog, and when to file a third party claim.

If you find yourself in a NY car accident and are not aware of your options, please reach out to an NY car accident attorney for help. Brandon J. Broderick, Attorney at Law has a team of attorneys ready to assist you in recovering damages in your case.

Call us today for help.

Insurance Claims and New York's No-Fault System

The no-fault insurance requirements for drivers in New York are outlined by the Department of Financial Services (DFS) of New York State. They state that even if you were at fault for an accident, your insurance company will pay for losses.

Because of New York's no-fault statutes, you will generally file a claim with your own insurance company after an accident. This is a first party claim. In an accident, the situation dictates how the claim plays out, depending on the following:

  • All of your losses are covered by your own insurance
  • Should you file a claim to a third-party insurance
  • Will the other party file a third-party claim with your insurer
  • What compensation will you receive from each claim

While no-fault laws can make claims simple and straightforward, first-party insurance claims filed in no-fault states have certain restrictions. They do not cover, among other forms of losses, pain and suffering. While you can discuss your options with a legal professional, you may need to file a third-party claim in order to get compensation for pain and suffering, in the event of serious injury.

If the at-fault party has insufficient insurance, no insurance, or flees the scene, pain and suffering may be covered under supplemental uninsured/underinsured motorist coverage (SUM coverage), a first-party benefit.

Suing If The Insurance Company Doesn't Pay

In New York, you can file a lawsuit following an accident, generally because of the following circumstances:

  • You are not at-fault or not the primary driver at-fault
  • You are injured or have lost a loved one in the accident
  • Your losses are not covered by no-fault insurance

While you do have the opportunity to file a lawsuit, settlements are usually made much sooner and rid the need of filing a lawsuit in court. If you have retained an attorney, they can help you make this decision.

Lawsuits vs. Insurance Claims

Finding out who is at-fault and what insurance coverage they have is the first step in reviewing your case. Not every case can be settled through negotiation with the insurance company, though the majority of time it can.

In the event that a settlement cannot be reached, legal action may be taken, and the matter will be resolved during the litigation. In certain cases, a trial is necessary to submit the case to a judge or jury and resolve the matter with a verdict.

Call Brandon J. Broderick Today For Help With Your Third-Party Claim

A free, no-obligation consultation is a phone call away. You should not wait to call following an accident. If you have a car accident attorney representing you, they will ensure that you gather the relevant evidence needed for a successful claim.

There are also deadlines to think about. If you wait too long, you could forfeit your opportunity to file a lawsuit.

Call the team at Brandon J. Broderick, Attorney at Law for help and a free consultation.

Posted by: Brandon J. Bro…
Date: Fri, 01/12/2024 - 18:12

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