First-Party Claims

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How First-Party Claims Are Used in Personal Injury Law

When it comes to personal injury law, first-party claims are usually filed when there is no at-fault party. For example, if you were injured in a car wreck caused by adverse weather conditions, you can file a first-party claim with your insurer for car repairs, and medical bills, depending on your insurance policy.

You should contact a personal injury attorney near you to take over negotiations with the insurance company and ensure you get the recovery you deserve.

When is a First-Party Claim Used in the Legal Process?

After a collision, one of the first steps of the recovery process is to file a claim with your insurance company, especially if it is deemed no one is at fault for the collision or you are considered partially at fault. Additionally, in some states, you’re required to file a claim with your insurance company first.

You should contact an attorney to help you negotiate with your insurer and even go to court, if the insurance company refuses to give you the compensation you deserve.

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Are First-Party Claims Used in Kentucky Personal Injury Law?

Yes! Kentucky drivers are required to have personal injury protection (PIP) coverage to pay a portion of the medical bills for injured parties in the vehicle.

Be sure to check with your insurance provider to clarify how your PIP coverage protects you as a passenger or driver.

Are First-Party Claims Used in Tennessee Personal Injury Law?

Yes! Even though Tennessee is not a no-fault state, you can use a first-party claim against your insurance company to recover losses from a or an injury. As with all first-party claims, you may have to pay your deductible. In Tennessee, when you file a first-party claim, and you weren’t at fault for the collision or injury, your insurance company can pursue the negligent party’s insurance company to recoup the settlement.

Lee Coleman

ATTORNEY, MANAGING PARTNER, & CO-FOUNDER

Mr. Coleman is now the Managing Partner and majority owner of Hughes and Coleman Injury Lawyers, a firm he co-founded in 1985 with J. Marshall Hughes. The firm has grown for over 40 years, and we currently have over 30 attorneys and multiple offices across Kentucky and Tennessee, as well as an affiliate firm in Albuquerque, New Mexico.

Mr. Coleman’s efforts and accomplishments have been widely recognized, including being named as a Kentucky Super Lawyer in Personal Injury since 2012, and being awarded an AV Rating, the highest rating given, by the nation’s preeminent Attorney Rating service, Martindale- Hubbell®.

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Frequently Asked Questions About First-Party Claims

What is the difference between third party claims and first party claims?

A first-party claim is a claimant filing against their own insurance company while a third-party claim is a claimant filing against the at-fault party’s insurance company.

Who is the first party in an accident?

In a given collision, the first party is considered the policyholder of the insurance company the claim is filed against. Think of it as you are initiating the claim, so you are the first party to make contact about the claim. The second party is the insurance company, as they are the ones who receive the claim.