First-party vs. third-party insurance claims in New York

In New York, a first-party insurance claim is one that you file with your own insurance company. A third-party claim is one that you file with another party’s insurance company. You may need to file both types of claims for auto collisions. In other cases, you may file just one or the other. Things can get very complicated in the case of an uninsured motorist accident. Our firm can assist in the event that the driver does not have insurance. An experienced Long Island car accident attorney understands the differences between filing first-party insurance claims versus third-party insurance claims in New York.

How do New York’s no-fault laws affect insurance claims?

The New York State Department of Financial Services (DFS) explains how drivers in New York must have no-fault insurance. This means that your insurance company provides coverage for basic losses— even if you caused your crash. You will generally file a claim with your own insurer due to the state’s no-fault laws. This is a first-party claim. The circumstances of your collision will determine:

• Whether your own insurance covers all of your losses
• Whether you should file a third-party insurance claim
• Whether someone will file a third-party claim with your insurer
• How much compensation either claim should provide

There are limitations to first-party no-fault insurance claims. For one, they do not cover pain and suffering (and some other loss types). Our team can explain your legal options, file your claim, and take further steps to seek compensation.  In order to recover for pain and suffering a third-party claim is generally needed. In an auto collision, supplemental uninsured/underinsured motorist coverage (SUM coverage), a first-party benefit, can cover pain and suffering if the responsible party has inadequate coverage, no coverage or left the scene.  Call us to discuss your options.

What challenges come with insurance claims?

You may hire our team to avoid the pitfalls of insurance claims. Insurance companies are not generally in your camp. Instead, they are concerned about their own bottom line. Because of this, insurance companies may:

• Pressure you to accept a quick, cheap settlement
• Deny your claim unjustly
• Refuse to pay for certain losses
• Refuse to pay losses in full
• Deploy attorneys to stonewall your claim

Insurance companies generally have resources and experience at their disposal. Whether you are filing a first-party or third-party claim, having a lawyer from our firm on your side could be helpful.

How our firm can help you with a claim

We can assist you by:

• Reviewing the facts of your case
• Advising you about whether to file a first-party claim, third-party claim, or both
• Dealing with insurance companies and their lawyers
• Seeking an insurance settlement
• Pursuing a court action if a settlement cannot be reached

When insurance does not pay, then you must consider other options for compensation. We will start the legal process if your case requires it.

Can you file a lawsuit if insurance does not pay?

You can generally file a lawsuit after a collision in New York. You may choose to do so when:

• You are not primarily at fault for the collision.
• You suffer an injury or lose a loved one from the collision.
• No-fault insurance does not cover your losses.

You may not even need to file your lawsuit in order to receive compensation. As the American Bar Association (ABA) explains, settlements can occur before the victim files their lawsuit. Other cases require our team to file the lawsuit and sometimes go to trial.

What are the benefits of a lawsuit versus an insurance claim?

Identification of insurance coverage held by the at-fault party is often one of the first steps in evaluating your case.  While many cases can be resolved by negotiating with the insurance company, not all are able to be settled. If a settlement cannot be reached, a lawsuit can be filed and the case moved toward resolution during the litigation.  Sometimes, trial is needed to present the case to a Judge or Jury for a determination on what the recovery should be.

What will our team do for you?

Hiring our team may help you in numerous ways. Our team:

• Determines liability
• Calculates losses
• Gathers evidence
• Documents losses
• Deals with insurance companies
• Advises you about whether to file a claim or a lawsuit
• Drafts and files insurance claims
• Drafts and files lawsuits
• Fights for your rights
• Negotiates settlements
• Take cases to trial

We tailor our approach specifically to each client and case. We handle your case in its entirety while you focus on your health.

What does our firm cost?

We do not require any upfront payment. There are no out-of-pocket costs to hire our firm. Instead, you agree to pay us a portion of your winnings. You pay that fee only if we win your case. By embracing this contingency-fee structure, we allow clients of any financial standing to access our legal services.

Call Rosenberg & Gluck, LLP today

A free, no-obligation consultation is a call away. You should not wait to call. CVP §214 imposes a time restriction on filing personal injury cases. Similar deadlines apply to insurance claims and wrongful death lawsuits. Time permitting, we can file your case before applicable deadlines expire. Call Rosenberg & Gluck, LLP today for your free consultation. We have secured several substantial settlements and verdicts for our clients. We will fight for the compensation that you deserve. We proudly serve Spanish-speaking clients.