If you have insurance, you probably expect your insurer to take care of anything that might come up after a car accident. Unfortunately, insurance policies are complicated documents with a variety of limits and loopholes. It’s not uncommon for a large part of your damages stemming from a car accident to not be covered by your carrier. But if you were injured due to the negligence of another driver, you may have a valid third-party negligence claim that you can pursue. And your best bet for recovery is if the other driver is covered by what’s known as third party insurance.
First Party Claim vs. Third Party Claim
Generally speaking, there are two different types of insurance. First party insurance is an insurance policy you purchase with the intent of covering your own losses. When you file a claim with your own insurance, you are making a first party insurance claim. Third party insurance is designed to cover the damages you caused to someone else. If you are at fault in an accident and strike another vehicle, you would file a third-party insurance claim.
In the example described above, you may consider a third-party negligence lawsuit against the person responsible for your accident if your first party insurance claim does not cover your full amount of damages.
Mandatory Third-Party Liability Coverage
The Province of Ontario has a large number of insurance requirements drivers must meet in order to lawfully operate a motor vehicle. One of those requirements is for drivers to carry a minimum amount of third-party liability coverage on their insurance policy. Under current law, you must carry at least $200,000 in order to comply.
Making a Strong Third-Party Negligence Case
While every car accident is different, there are a few useful tips that can strengthen any third-party claim. The first thing you will need to do is investigate your collision and gather evidence. This may be necessary before you even leave the scene of the accident, as it is critical to document everything. That means taking photos of the scene and making notes of anything the other driver says or does.
The most important step in the process is to get capable legal help. It is difficult to build a third-party negligence case on your own, and an experienced hand will be valuable at every stage of the process. With capable legal help, you stand a much better chance of building a winning third-party negligence case.
To get the most out of your claim, you will want to limit any self-inflicted damage. One of the ways that you can harm your own case is through communication with insurance companies. It’s no surprise that the other driver’s insurance company isn’t on your side. But the reality of the situation is that your own insurance company is looking out for themselves first, too. That’s why you should never agree to give a statement to the other driver’s carrier and be very careful in your dealings with your own insurance.
If you are considering a 3rd party negligence claim, it is because you were injured want compensation. But in order to prove the damages, you are seeking; you will need to document your treatment as soon as possible. For your injuries as well as your pain and suffering, you will want as much medical documentation as you can get. This can include everything from hospital bills to medical records to injury photographs. You will also want to keep a diary tracking your pain and other symptoms.
By following the suggestions above, you will likely be in the strongest position possible to recover on your damages claim. This can be a difficult and confusing time. An experienced accident lawyer will help you navigate through this process.
