First-Party vs. Third-Party Claims After a Pedestrian Crash
As an injured pedestrian, you may pursue the driver's insurance, your own coverage, or both. Understanding the difference helps you use everything available.
Third-party claim
This is a claim against the at-fault driver's liability insurance for causing your injuries. It is the main path when the driver has adequate coverage, and it turns on proving the driver's fault.
First-party claim
This is a claim under your own or a household member's coverage — such as uninsured/underinsured motorist coverage that can reach an insured pedestrian. It matters most when the driver has no insurance, too little, or fled.
The bottom line
The two are not mutually exclusive — sometimes both apply. Identifying every source of coverage, including your own, is part of pursuing a full recovery after a pedestrian crash.
Frequently asked questions
Can I use my own insurance if the driver was at fault?
Sometimes, yes — for example, uninsured or underinsured motorist coverage can apply when the driver lacks enough insurance. It does not require that you were at fault.
This is general information about Pedestrian 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 pedestrian accidents.
Not sure which applies to you?
A quick, confidential review can help you decide — about two minutes, no cost, no obligation.