First-Party vs. Third-Party Claims: Who Do You File With?
After a crash, you may hear about 'first-party' and 'third-party' claims. The difference is simply whose insurance you are dealing with — and many crashes involve both.
Third-party claim
This is a claim against the at-fault driver's insurer. It is how you typically recover for injuries someone else caused. Because it is the other side's insurer, they have every incentive to pay as little as possible.
First-party claim
This is a claim with your own insurer, for coverage you paid for — such as collision, MedPay, or uninsured/underinsured motorist coverage. It matters most when the at-fault driver has no insurance, too little, or fled the scene.
The bottom line
Many crashes involve both — a third-party claim against the other driver plus a first-party uninsured motorist claim when their coverage falls short. Knowing which coverage applies helps you use everything you are entitled to.
Frequently asked questions
Should I file with my own insurance or the other driver's?
Often both. A third-party claim goes against the at-fault driver's insurer, while a first-party claim uses your own coverage, like MedPay or uninsured motorist. Which applies depends on the crash.
Is filing with my own insurer a first-party claim?
Yes. Using your own coverage — collision, MedPay, or uninsured/underinsured motorist — is a first-party claim. It is especially important when the other driver's coverage is missing or too low.
This is general information about Car Accidents injury claims, not legal advice. Every situation is different.
The law depends on your state
The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to car accidents.
Not sure which applies to you?
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