First Party vs. Third Party Liability in Nevada Personal Injury Claims

June 13, 2024 Personal Injury

When you’ve been injured in an accident, the last thing you want to worry about is navigating the complex world of insurance claims and legal proceedings. However, understanding the difference between first-party and third-party liability is essential to ensure you receive the compensation you deserve. 

First-party claims involve your own insurance company, while third-party claims hold another person liable for your injuries. Whether you’re dealing with a car accident, slip and fall incident, or any other type of personal injury case, knowing your options can make a significant difference in your journey to recovery. 

What Is a First-Party Insurance Claim?

A first-party insurance claim is one in which you seek compensation directly from your own insurance company. This type of claim is applicable when you’ve been injured and your own insurance policy covers the damages. 

For example, if you’re hurt in a car accident and have personal injury protection (PIP) or medical payments coverage as part of your auto insurance policy, you can file a first-party claim to help cover your medical expenses and lost wages, regardless of who was at fault for the accident. First-party claims can provide much-needed financial relief, allowing you to focus on your recovery.

What Is a Third-Party Insurance Claim?

In contrast to a first-party claim, a third-party insurance claim involves seeking compensation from the insurance company of the party responsible for your injuries. This type of case is appropriate when someone else’s negligence or intentional actions caused your harm. 

For instance, if you’re injured in a car accident caused by another driver, you can file a third-party claim against their car insurance policy to seek compensation for your damages, including medical bills, lost income, pain and suffering, and property damage. Third-party claims often involve more complex legal issues and require you to prove that the policyholder was truly at fault.

Should You File a First-Party or Third-Party Claim After a Personal Injury?

The decision to file a first-party or third-party claim depends on the specific circumstances of your case. For example, if you were primarily responsible for the accident, a first-party claim can provide coverage regardless of fault. However, if someone else was at fault, a third-party claim would be the appropriate course of action.

In some situations, you may need to file both types of claims to ensure you receive full compensation for your losses. First-party claims can provide quick access to funds for medical treatment and lost wages, while third-party claims allow you to pursue additional damages not covered by your own insurance policy.

Whatever the case, it is important to carefully consider your options and consult with a Nevada personal injury attorney who can help you make informed decisions about your case. They can assess the strengths and weaknesses of your claim, advise you on the best course of action, and initiate your claim for compensation.

Discuss Your Legal Options with a Las Vegas, Nevada Personal Injury Attorney

If you’ve been injured due to someone else’s negligence or intentional actions, speak with a personal injury attorney in Las Vegas as soon as possible. Not only can a lawyer help you strategize your next steps, but they can also thoroughly investigate your case, gather evidence, negotiate with insurance companies, and, if necessary, represent you in court. After your accident, schedule a legal consultation to learn more about your path to justice.