If you were injured by a person or business, you may be able to file a third-party injury claim against the responsible party’s insurance company to hold them accountable for the harm you’ve experienced. In this article, we explain what a third-party claim is, how you can file a claim, and examples of these types of injury claims.
If you have endured serious injuries, it is often much easier to work with an experienced personal injury lawyer to file your claim against the insurance company. Our South Carolina personal injury attorney and our legal team have years of experience successfully filing third-party claims for injuries caused by a person or business’ reckless actions. If you are considering filing a third-party injury claim, contact our firm today for a free consultation.
What is a Third-Party Injury Claim?
A third-party injury claim is a liability claim brought by an injured person against another person or business’ insurance company. The insured (the person who caused the injury) is the first party, the insurance company is the second party, and the claimant (the person filing the claim) is the third party.
Typically, third-party injury claims are filed after a person is harmed by another person or business’ reckless actions. In this article, we will address various situations in which a person might bring a third-party injury claim. Keep reading to learn more.
First-Party Injury Claim vs. Third-Party Injury Claim in South Carolina
A first party claim is one where the insured person brings a claim directly against their own insurance company. An example of this may be if you file an uninsured or underinsured motorist claim against your own insurance company after being hit by an uninsured driver or a driver that did not have enough insurance to cover all your damages from the collision.
On the other hand, a third-party claim is one where you (the third party) are bringing a claim against another person’s insurance. For example, if a reckless driver runs a red light and T-bones your car, you could file a third-party injury claim against the at-fault driver’s insurance company.
How to File a Third-Party Injury Claim
You can begin the claims process by contacting the insurance provider of the person or business that caused your injury. You will then negotiate with an insurance adjuster to determine how much compensation you should receive for the injury caused by the insured.
If the insurance company gives you a hard time or refuses to compensate you fairly for the harm you experienced, you should consider reaching out to a skilled personal injury lawyer so he/she can help you file the injury claim in an effort to secure a fair, full recovery.
When Can I File a Third-Party Injury Claim?
Third-party claims may be an option in a variety of injury cases, and in many cases, you may be able to file multiple third-party injury claims against all responsible parties. Some of the most common examples include:
1. On-the-Job Injuries
If you were injured while on the clock, you are eligible to receive workers’ compensation benefits in South Carolina. You may file a third-party claim if someone other than your employer or another employee caused the incident that led to your injury. For example, if you were hit by a car while driving on the clock, you may have a third-party claim against the at fault driver in addition to your workers’ compensation claim.
Other possible parties that may be the subject of a third-party injury claim include:
- The manufacturer or distributor of the defective equipment that caused injury;
- The owner of a facility that failed to maintain its premises; or
- The vendor/contractor who injured you while operating at your workplace.
2. Motor Vehicle Accident
If you were injured in a car wreck, boat accident, motorcycle crash, or any type of motor vehicle collision that was not your fault, you can file a third-party claim against the other driver’s insurance company.
3. Collision with a South Carolina Drunk Driver
If you were hit by a drunk driver, you may be able to file multiple third-party injury claims to help cover your damages. If the drunk driver that hit you was overserved at a restaurant or bar before getting out on the road, you may be able to file a third-party dram shop liability claim against the business in addition to filing a claim against the drunk driver’s auto insurance policy. Because drunk driving collisions often cause terrible injuries to the innocent person, dram shop liability claims can help secure additional compensation to cover your damages.
4. Crash with a Tractor Trailer or Commercial Vehicle
You may be able to hold multiple parties accountable through a third-party injury claim if you were involved in a collision with an 18-wheeler or another type of commercial vehicle. Possible defendants in these cases may include the:
- Trucking company,
- Mechanics or the company hired to maintain the vehicle, or
- The company responsible for loading the truck’s freight.
5. Injuries Caused by Defective Products
If a product malfunctioned, you may be able to file a third-party injury claim against one or all of the below parties:
- Product manufacturer
- Seller of the product
- Any company included in the supply chain
Above, we have listed a few specific situations in which you might file an injury claim, but this is not an exhaustive list. If you have been injured because of a person or business’ dangerous actions, you can likely file a third-party insurance claim with their insurance company. This might include medical malpractice, nursing home abuse, or any other situation in which a person can be injured. If you are unsure if you have the grounds for a third-party injury claim, contact our firm for a free consultation. We are here to help you and provide guidance about what your next steps might be.