Understanding How First-party and Third-party Claims Work In Louisiana
An unexpected accident can quickly derail your life. Medical bills pile up, lost wages mount up, and the stress of it all can be overwhelming. So, who’s responsible for covering these costs?
Ultimately, the party at fault for the accident should be held accountable. Your best option at this point is a first party or a third-party liability in personal injury claims. However, note that these laws vary between states. Hence, hiring a personal injury attorney in your state or county may be your best shot at getting the money for your bills as compensation. Personal injury lawyers are always ready to offer legal advice about these situations, which is sure to help your case and get you the funds you are entitled to.
So, what exactly are first-party and third-party liability claims, and how does it apply to you in Louisiana? Read on and be enlightened.
First-party Claims in Louisiana Explained
Car accidents, even minor ones, can have far-reaching financial consequences. Medical bills, property damage, and lost wages can quickly pile up, creating significant stress and uncertainty. It’s essential to protect yourself and your financial well-being by seeking legal counsel.
Here are examples of accidents that can put you in such a bad spot in Louisiana:
- Product liability (bad or expired product)
- Workplace accident or premises liability (factory accidents, common workplace falls)
- Vehicle accidents (car or heavy-duty truck accidents caused by some other person’s mistake or negligence)
If you have insurance, you should start by filing a claim with the insurance company you are registered with. This can get you started with some funds to level off for the first few weeks. However, you should know that your liability coverage is only for specific kinds of accidents, which will have been listed in the document when you made the deal. This also determines the amount of money you can get in your claim.
First-party insurance claims are claims you file with the insurance provider you choose, and some of them are:
- Uninsured or underinsured vehicle insurance coverage
- Insurance for collisions and comprehensive incidents
- Towed vehicle
Third-Party Claims and What You Can Get From Them
Third-party claims are the direct opposite of first-party claims; you file them when you are not at fault for the accident that caused the injury. In this type of claim, you are seeking compensation from the person who caused the accident, who also might be seeking compensation from their insurance coverage. This means that they must have insurance for their vehicle in Louisiana.
You can get funds from a third-party liability claim through the following events:
- Hospital bills
- Unpaid salaries/wages
- Damages not directly related to financial losses, such as pain and suffering
The most common reason people file for third-party claims in Louisiana is car accidents. Third-party claimants file directly with the insurance company of the driver who caused the accident. Workers’ compensation claims are also a common third-party claim cause. When you get a less-than-agreed portion of your worker compensation, you should look to file a third-party claim. This is sure to get you more compensation.
Conclusion
“You should take note that if the driver’s insurance company refuses your third-party claim in Louisiana, you can go to court,” says accident attorney Frank Tomeny of Tomeny Best. A lawyer may be needed at this stage, which is why it is advised to get a lawyer right from the filing step. If you have any more questions about the process or steps to take, you can ask your Louisiana attorney.
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