CALL NOW TO SPEAK TO AN ATTORNEY 1-844-HAFFNER
213-514-5681

Experienced. Reliable. Capable. We Look Out for You.

  • No Hidden Fees Involved
  • No Obligation to Continue Beyond the Case Review
  • Get All Your Legal Questions Answered
click here for a free consultation

Notable Case Results

  • $ $97,284,817

    Class Action
    Mortgage Broker Rest Break
  • $ 8,820,000

    Brain Injury
    Settlement
  • $ 8,250,000

    Wrongful Death/Personal Injury
  • $ 23,500,000

    Bank of America
    Mortgage Broker Wage Class Action

Associations

Results

$ 8,820,000

Brain Injury Settlement

$ 8,250,000

Wrongful Death/Personal Injury

$ 23,500,000

Bank of America Mortgage Broker Wage Class Action

Touch below for a free injury consultation.

click here for a

free consultation

no fees until you get paid

Understanding First-party and Third-party Claims and Insurance Bad Faith

Most people know that after a personal injury accident, they may be able to get compensation from insurance policies. What many don’t realize is that there may be more than one insurance policy and insurance provider to consider.

Because there could be multiple policies, if a person does not get just compensation, an insurance bad faith claim may be involved. This article will clarify the difference between first-party and third-party insurance claims and how bad faith plays into these situations.

If you need help with all these now, call 1-844-HAFFNER to speak to a personal injury attorney right away.

First-Party Claims

A first-party insurance claim is a claim that is filed by the person who is insured, with their own insurance company. The person filing the claim is also the one paying the monthly bill on their policy.

If this person gets into a personal injury accident — a car collision, for example — they will notify their own insurance company of the situation and will ask the insurer for fair compensation under the terms of the contract.

The following policy types are common first-party insurance claims:

  • Medical bills covered by Med Pay
  • Collision and comprehensive coverage
  • Coverage for a rental car fee while waiting for repairs
  • Uninsured motorist
  • Underinsured motorist
  • Even towing

Third-Party Claims

Third-party claims are made by someone who is not the policyholder with the insurance company of another person, who is likely the cause of a personal injury.

If a car driver suffers injuries in a vehicular accident, for example, and a different truck driver is the cause of this accident, then the car driver can file a third-party claim with the insurer of the truck driver and receive fair compensation, based on the terms of the contract with the truck driver.

Determining Who Is at Fault

In the examples for both the first- and third-party claims, the party at fault in the accident was either easily identifiable or not entirely relevant. But what if the situation is not as clear-cut as those mentioned above?

In some complicated cases, where the party at fault in the accident may not be readily apparent, those who suffered injuries may need to make multiple claims to different insurers. This may involve both first- and third-party claims.

Insurance Bad Faith

Insurance bad faith happens when an insurance company refuses to compensate an insured person fairly, despite being covered by their policy. Insurance holders can allege bad faith against their insurers if they experience the following:

  • Not enough compensation based on the terms of the contract
  • Denial of compensation, despite being covered
  • Compensation is unreasonably delayed

In California, only first-party claims are entitled to allege bad faith against insurers. This means that if it is a third-party claim, the person cannot allege bad faith against the insurance company in the state.

In the third-party claim example, where the car driver is asking for the truck driver’s insurance company for compensation, if the insurer denies the claim, the car driver may not be able to allege bad faith. This is because insurance companies in California only have a duty of good faith with their own policyholders.

Legal Counsel

After a personal injury accident, the best course of action is to seek legal counsel. The guidance of a proven legal team can help identify who is at fault, file claims towards the appropriate insurers, cover liabilities, and seek fair compensation.

There are already too many things to worry about in these situations. Help from the right personal injury lawyers can significantly lessen the burden.

Whether you are filing for a first-party or third-party claim, or considering claiming insurance bad faith against your insurer, speak to one of our attorneys first for guidance. Call us at 1-844-HAFFNER.

 

Click below to share this article:

nav close icon

RESULTS

$15,000,000

PROPERTY DAMAGE / BAD FAITH

$ 97,284,817

Class Action / Rest Break

$10,000,000

Bad Faith

$ 8,820,000

Brain Injury

$7,500,000

Medical Malpractice

$8,250,000

Wrongful Death / Accident

$1,000,000

Construction Defect
view all

INJURED ? CALL 213-514-5681

or

FILL OUT THE FORM BELOW FOR AFREE CASE REVIEW

  • NO PRESSURE
  • SPEAK WITH AN ATTORNEY
  • NO HIDDEN FEES
  • The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Sending time sensitive material to the firm via this message, will not be the responsibility of the firm. Proceed if you've read this disclaimer.
[]
1 Step 1
Type your name here & click nextyour full name
Phoneyour full name
Commentsmore details
0 /
Some Title
Nameyour full name
Some Title
Commentsmore details
0 /
Some Title
Previous
Next
powered by FormCraft
All Fields Required