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How to File a Third-Party Car Insurance Claim

If you were injured in a car accident that was not your fault, you can submit a third-party auto insurance claim based on the at-fault driver’s - or other parties - liability insurance policy. For example, you can file a claim with the other party's auto liability insurer, which can be GEICO, Progressive, Allstate, United Services Automobile Association, Travelers Insurance, or any other insurer.

Perhaps you're a safe driver. But even good drivers can have bad accidents and it's possible that one day you get hurt after another driver crashes into your car.

So what can you do after you made a first-party claim with your insurance company but you can't get compensation for all your damages stemming from the accident?

Regardless of fault, your personal injury protection (PIP) helps cover your medical expenses up to the coverage limits on your car insurance policy. The settlement with your insurance company can help you pay for your medical bills that are'nt covered by your health insurance company.

In general, though, no-fault/PIP claims will only payout between $2,500 and $10,000 per accident. And PIP medical coverage only provides 80% of the total amount of your bills and 60% of your lost wages, up to a $10,000 policy limit.

How to File a Third-Party Car Accident Insurance Claim in Florida

If you suffered severe injuries in a Florida car accident, you're not limited to making a PIP claim under your own policy. You can hold the at-fault driver responsible for your accident injuries and damages via a third-party insurance claim or a lawsuit. When you step outside of the no-fault system and file a third-party claim, pain and suffering and all other available non-economic losses are on the table.

A third-party insurance claim - where you're the third party because you're filing the claim with an insurer you may not have a policy with - is a claim you file with another driver's insurance company.

When the other driver was at fault for the accident, you can:

  • Contact their insurance company
  • Notify it about the event
  • Require it to pay your damages

The other person’s insurer will process the claim but don’t count on quick fair payment. The insurer might investigate the accident to determine that the insured was truly at fault. You must be prepared to establish that the policyholder was negligent and that this negligence directly caused your injuries and losses.

How to Recover More Than Your Auto Insurance Policy Limits in Florida

Before you file a third party auto insurance claim, make sure you can answer the following questions:

  • Can you identify all potentially at-fault parties in your case? Were you thorough when getting information from the other driver at the place of the accident? Did you get details on their insurance carrier and policy number, full name, license plate, driver’s license number? Does the other driver have auto bodily injury liability insurance?
  • Do your injuries meet the threshold set by state law to pursue a liability claim against the person who caused your car accident? Can you prove that your car accident injuries qualify as serious? Have you experienced at least one of the following as a result of the accident?
  • Can you calculate all your losses, evaluate all the expenses you incurred, and gather evidence proving your claim?

How Can The Law Offices of Sean M. Cleary Help You?

Dealing directly with another driver's insurer can be complicated. Most probably, the insurer will give you almost immediately a settlement offer. Do insurers make a fair first settlement offer? Often times, no. Don’t sign anything and don't accept any premature settlements. You may be tempted to take those early offers. But what you don't realize is by doing so, you usually forfeit the right to pursue additional compensation in the future. As a result, months or years later, you could be forced to pay for your additional accident-related expenses out of your own pocket. Working with an attorney that has extensive experience in third-party auto insurance claims can make a huge difference in the way you can investigate and prepare your case and its outcome.

Ready for a free, confidential car accident consultation? Call us today for legal advice from a skilled Miami-based car accident attorney.

For questions and free legal advice to help individuals please call us

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.