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The aftermath of a serious car accident is overwhelming. Car accident victims deal with painful and frightening injuries, uncomfortable medical procedures, and lengthy recovery times as well as significant emotional trauma from the terrifying crash.
Sadly, the distress often continues long after the accident when an injury victim encounters the complexities of the insurance system when seeking compensation for damages like the replacement or repair costs of their car, medical expenses, lost wages, and compensation for pain and suffering.
One of the often misunderstood aspects of a car accident claim is the difference between a first and third-party car insurance claim. A car accident attorney in New Haven understands the nuances and differences between the two types of claims and can help you maximize the settlement you will be given.
Call (203) 888-8888 today for a no-obligation consult session with an experienced lawyer from Weber and Rubano today.
Most states have fault-based car accident laws requiring injury victims to file claims against the insurance company of the driver who caused the car accident. A few states, like Florida and New Jersey, only allow first-party claims. In these “no-fault” insurance states, accident victims file claims for compensation against their own insurance policies regardless of who caused the accident.
In fault-based insurance states like Connecticut, with comparative negligence insurance laws, car accident victims may sometimes file first-party accident claims against their auto insurance policies under specific circumstances such as the following:
Whenever an individual makes a claim against their medical insurance it’s also a first-party claim.
In fault-based insurance states, most car accident claims are third-party claims. In a third-party claim, the injury victim files a claim for compensation against the insurance company of the party at fault for the accident.
Most often, this is a claim against the auto insurance company of an at-fault driver, such as one who ran a red light or was texting and driving. Less commonly, an injury victim may file a third-party claim against another entity, such as a negligent road maintenance agency that failed to address a hazardous road condition.
Connecticut is one of many states with a modified comparative negligence system for car accident claims. Under this system, accident victims file claims against an at-fault party’s insurance. The insurance company assigns an adjuster to the case who investigates the circumstances of the accident to assign each driver a percentage of fault.
In some cases, one driver is entirely at fault for the accident but in other circumstances, both drivers may share fault. In a modified comparative negligence state, a driver who is partly at fault for an accident can still recover compensation for their damages as long as they are less than 51% at fault.
The percentage of fault the insurance company assigns to them is subtracted from their compensation. For example, if an injury victim is 30% at fault for an accident they can still recover $70,000 of a $100,000 third-party claim.
Third-party claims in comparative negligence insurance states can quickly become complex. Insurance companies commonly assign undue percentages of fault to accident victims to reduce the amount they have to pay on the claim.
An experienced New Haven personal injury attorney helps protect your interests by investigating the accident and making a compelling claim for the at-fault driver’s liability.
Contact Weber & Rubano online or call (203) 888-8888 for experienced representation and the best possible outcome for your car accident claim.