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Usually, if a driver with automobile insurance gets hit by another motorist, the driver that felt the impact files a claim with his or her own car insurance. Yet the holder of a car insurance policy does not have to seek financial aid from the company that sold him/her that particular policy.

Definition of a 3rd party claim

That is when the claimant files the claim with the at-fault driver’s insurance carrier. It differs from a 1st party claim, which gets made to an insurance company by someone that holds a policy from the same company. In both cases the second party is the insurance company that has received the claim.

Benefits enjoyed by someone that has filed a third party claim

• The policy holder does not get mention of a claim added to his/her insurance history.
• The policy holder does not have to pay a deductible.

When does it make sense to consider filing a 3rd party claim?

Whenever it is clear who should be blamed for the accident, then it makes sense to file a claim with the at-fault driver’s insurance carrier. Still, an accident victim cannot use that approach, if the accident occurred in a no-fault state. In places that have a no-fault system, each driver files a claim with his or her own insurance company, with the help of a personal injury lawyer in Moncton.

Of course, there are exceptions to that rule. One exception relates to the nature of the injuries suffered by the claimant. Claimants with serious injury do have the right to make a third-party claim, if the accident happened in a no-fault state. A second and similar exception applies, if the claimant has amassed medical bills that come to more than a given amount of money.

Sometimes, the actions of the at-fault driver’s carrier have the ability to push the claimant to make a 3rd party claim. For instance, that carrier/insurance company could refuse to offer a settlement. Alternately, it might offer an unreasonably low settlement. That small amount of money could force the claimant to seek an additional payment from his or her own insurance company.

Still, not all claimants can enjoy that particular option, if it so happens that the at-fault driver’s insurance does not offer what seems like a fair compensation. The claimant’s ability to seek an additional payment from his or her own insurance company depends on the nature of the claimant’s/policy holder’s coverage.

Do the terms of that coverage include situations involving an uninsured driver? Do those terms involve a situation where the policy holder gets hit by an underinsured driver? If the answer to those 2 questions is “yes,” then the claimant/policy holder can indeed seek an additional payment from his or her own carrier/insurance.

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