The Complex Process Of Pursuing Personal Injury Claims
This can be a complicated and potentially overwhelming process, especially if you and other members of your family are recovering from painful injuries, need hospitalization, or have been forced to take extended time off work. In some cases, you may need to pursue insurance claims with your own insurance company as well as the at-fault driver’s insurance company to receive full compensation. In these cases, working with an experienced Nevada personal injury attorney can be invaluable as you receive guidance, advice, and representation throughout the entire personal injury claims process.
What Are First Party & Third Party Insurance Claims?
These two terms refer to different ways to make insurance claims. A first-party insurance claim is against your insurance. A third-party insurance claim is when you submit a claim against someone else’s insurance company. After some accidents, you’ll file just one insurance claim; in other situations, you may file claims against both insurance companies. Your Las Vegas car accident lawyer can help you understand whether one or both claims are best for you based on the circumstances of your accident.
What Happens With a First-Party Insurance Claim?
A first-party insurance claim is when you file against your own insurance company. You’ll notify the insurance company of your accident and ask them to compensate your losses under the terms of your contract.
Common first-party claims include:
- Coverage for an accident with an uninsured or underinsured motorist (UIM policy)
- You have medical bills that may covered by a Med Pay policy
- Collision and comprehensive coverage for damage to your vehicle
- Rental coverage while you wait for your vehicle to be repaired
- Towing services
Exactly what you can seek in a first-party insurance claim will depend on the terms of your insurance contract and its policy limits.
What Happens With a Third-Party Insurance Claim In Nevada?
Third-party claims are common after car accidents in Nevada. They generally happen when someone else’s negligence or recklessness caused the accident, leaving them liable to pay for your damages. After a car accident, you’ll exchange contact and insurance information with the other driver, contact their insurance company to begin the claims process and seek compensation for your damages related to the accident.
For serious accidents, the third-party claims process can take months or longer and be extremely complex. Insurance adjusters will do all they can to reduce their liability, get you to admit partial fault for the accident, or try to deny some of your claims. Your attorney can provide guidance, negotiation, and representation throughout this process to maximize your compensation and ensure that you receive fair, full compensation for your losses.
How Do I Know Which Type Of Insurance Claim To Submit?
Generally, you’ll look at the circumstances of the accident to see who is at fault. In Nevada, each driver in a collision is assigned a percentage of fault based on the evidence of what happened. According to the law of comparative negligence in Nevada, whichever driver is at least 51% responsible for the accident is legally liable to cover the damages and negligence of the other parties. You can still seek compensation if you are 49% or less responsible for the collision, but your damages will be scaled down according to your percentage of fault.
If the at-fault party is not immediately apparent, you may need to consider filing both a first-party and a third-party claim. If the other driver is eventually determined to be at fault, your insurance company may pursue their insurance company to cover the cost of your claim. This is known as insurance subrogation.
When drivers do not carry insurance or do not carry enough coverage to pay for your damages, you may need to file a first-party claim with your insurance company, if you have uninsured/underinsured motorist coverage on your policy.
How Can a Car Accident Injury Lawyer Help?
Your attorney can help you take the right steps to promote a successful claim with full compensation. They can help you speak with insurance companies to provide the necessary information without accidentally harming your case by admitting fault. Your Las Vegas personal injury lawyer will fight for your rights, increase the speed of the claims process, uncover evidence that strengthens your case, help prove which party was liable, negotiate on your behalf, and provide legal advice that protects you throughout the process.
Looking For Legal Assistance After a Car Accident In Nevada?
Reach out to Benson & Bingham Accident Injury Lawyers, LLC. We are Nevada’s leading personal injury attorney firm and specialize in assisting victims of car, truck, bicycle, motorcycle, and pedestrian accidents of all kinds. We will build a personalized strategy for your case as we work closely with you throughout the process and fight for your interests. And we don’t get paid until you do! To learn more about how our team can assist your personal injury claims after an accident, contact us for a free consultation today!
