After a car accident in Missouri, one of the first practical questions is which insurance company you’re actually dealing with, yours or the other driver’s. That’s the difference between a first party claim and a third party claim, and it affects how the claim works, what the insurer owes you, and how disputes get resolved.
A St. Louis motor vehicle accident lawyer understands the difference between these two types of claims and will fight for your rights.
Call today at (314) 300-6260.
What Is a First Party Claim?
A first party claim is a claim you file with your own insurance company under your own policy. Common examples after a car accident include:
- Collision coverage: Pays to repair or replace your vehicle regardless of who caused the crash.
- Medical payments (MedPay) coverage: Pays medical bills for you and your passengers up to the policy limit, regardless of fault.
- Uninsured motorist coverage: Steps in when the at-fault driver has no insurance. Missouri requires this coverage in every auto policy.
- Underinsured motorist coverage: Applies when the at-fault driver’s policy limits aren’t enough to cover your damages, if you purchased this coverage.
Because you have a contract with your own insurer, they are responsible for reimbursing you for certain costs.
What Is a Third Party Claim?
A third party claim is a claim you file against someone else’s insurance company, most often, the insurer of the person who was liable for the accident. Missouri is an at-fault state, which means the person who caused the accident is responsible for the harm, and their liability coverage is what pays for it.
A third party claim can cover your medical bills (ambulance, MRI scans, etc…), lost wages, vehicle damage, and pain and suffering. You’ll need to prove the other driver was at fault and prove the extent of your damages before it pays anything.
Why the Difference Matters
The type of claim shapes almost everything about the process. In a first party claim, disputes are usually about what the policy covers and whether the insurer handled the claim fairly, and if your own insurer unreasonably refuses to pay, Missouri law allows penalties for vexatious refusal. In a third party claim, disputes are about fault and the value of your injuries, and if negotiations fail, the answer is a lawsuit against the at-fault driver.
Many accidents involve both types at once. You might use MedPay to cover early bills, collision coverage to fix your car, and a third party claim against the other driver for everything else. If the other driver turns out to be uninsured, your third party claim becomes a first party uninsured motorist claim with your own company.
How a Lawyer Can Help With Either Claim
Sorting out which coverages apply, in what order, and for how much is more complicated than it sounds, especially when multiple policies are involved or when your own insurer starts acting like they’re against you instead of on your side. An injury lawyer in St. Louis can identify every available source of coverage and handle both insurers.
If you’re dealing with insurance companies after a Missouri crash and aren’t sure you’re being treated fairly, it’s always worth getting legal advice.
Call today at (314) 300-6260 to schedule a free consultation.