Jim Desmond Law Office,PLLC

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Jim Desmond Law Office,PLLC

A third party insurance claim means you are making a claim against an insurance policy where you are not the named insurer, you haven’t bought the insurance. In contrast, a first party insurance claim would mean that you are making a claim against the policy that you bought. So your own car insurance is first-party insurance. It’s what is responsible usually for no fault insurance, uninsured motorist coverage and underinsured motorist coverage. The third-party claim is actually the liability claim against another driver who obviously you would have no connection with normally and they are defending him against your claim because you are claiming he was negligent and caused your damages.

My Brother Was Driving His Friend’s Car And We Got Into An Accident And I Was Injured. Who Pays For My Medical Bills?

The first step to understand is that your brother still has insurance coverage through the friend called the permissive use doctrine. If I give you my car keys and you operate my vehicle, unless you do it all the time, my coverage applies and basically can protect you as a driver. So, in your example, the medical bills are still paid by the friend’s car insurance company. That’s the no fault carrier. Then the question is who is at fault for the wreck. If your brother is at fault for the wreck, then that company is going to be the liability carrier as well and adjust your claim for pain and suffering. If he is not, then we are going to make a claim against the other person or the at fault driver for your pain and suffering.

I Was The Passenger In A Car Driven By A Drunk Driver. We Crashed And I Was Injured. Can I Sue The Driver?

Yes. The drunk driver’s insurance company actually has two roles. The first part is the no fault insurance which means that they are going to cover your medical bills for up to $10,000 whether he was drunk, not drunk or at fault, whatever it might be. The second part is that the liability claim is against him because you are talking about a single car accident where he was intoxicated. So obviously, he was at fault for the wreck. The one thing I will tell you about drunk drivers usually is that the fact that he is intoxicated opens up the claim also for what we call punitive damages instead of just compensatory damages. Punitive damages are designed to punish them basically for reckless behaviors, so the effect for you can be to ultimately increase the value of the personal injury claim if the person is intoxicated.

I Was The Passenger In A Car Accident A Week Ago. I Felt Fine At First But My Neck Has Since Started To Hurt. What Should I Do?

Go get it checked out. Go to an ER or go to your family doctor or a chiropractor. Let them take a look at it and see if there are any problems. The thing you need to realize about a personal injury case is that they live and die in the medical records. So if you don’t get it checked out and you wait for a few months and it still hurts, it looks like you weren’t hurting for two months. So go get it checked out, let your doctor take a look at it and then afterward you can always decide if you want to do a personal injury claim or not.

The Other Party’s Insurance Has Requested That I Sign A Release For Them To Get My Medical Records. Should I Sign It?

The problem with providing a medical release to an insurance company is that you are giving them access to all your medical records, whether they are related to the wreck or not. Also, if the release is too broad, you are giving them the ability basically, to possibly talk to your doctors. As a personal injury attorney, we won’t let a client sign one and give it to the insurance company. We will basically collect the medical records and forward them on. If you are going to hire a personal injury attorney then I’d say no. Don’t sign it. if you are going to try to do it on your own and go with it that way then yes, you might want to consider signing it and allowing the medical records and the bills to go to the insurance company because that’s how the’ are going to evaluate your claim.

For more information on Third Party Insurance Claim In Kentucky, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (502) 694-1888 today.

Attorney James Desmond

Call Me On My Phone: (502) 694-1888