After an injury—whether from a car accident, slip and fall, medical malpractice, or dog bite—one of the first questions you'll face is: which insurance company pays for the damages in your personal injury claim? The answer depends on whether you file a first-party or third-party insurance claim.
A first-party claim is filed with your own insurance company. A third-party claim is filed against the at-fault party's insurance. Our Long Island personal injury lawyers break down both options below, with first-party and third-party insurance examples for different types of injury cases.
First-Party vs. Third-Party Claims in Motor Vehicle Accidents
In New York, to register a car and get license plates, you must carry minimum no-fault coverage for your own injury-related expenses, liability coverage for damage you cause to others, and uninsured motorist coverage for injuries caused by a hit-and-run or uninsured driver.
- First Party: You file for Personal Injury Protection (PIP) through your own insurer to cover medical bills, lost wages, and necessary expenses related to the accident, regardless of fault. Additionally, if you are injured by a hit-and-run or an uninsured driver, your own uninsured motorist policy covers you.
- Third Party: You file a lawsuit or claim against the other driver’s liability insurance if your injuries are "serious" under New York law.
First-Party vs. Third-Party Claims in a Slip and Fall
Slip and fall injuries work a little differently than car accidents, because there's no equivalent to no-fault coverage. Instead, your path to recovery depends on whether you turn to your own insurance or file against the property owner responsible for the unsafe condition.
- First Party: You file a claim through your own renter's insurance, homeowner's insurance, or another applicable personal policy, which may cover certain medical costs if you were injured on your own property. Health insurance can also help pay for immediate treatment while your case is sorted out.
- Third Party: You file a claim against the property owner's liability insurance if their negligence—such as a wet floor, broken stairs, or poor lighting—caused your fall, allowing you to pursue compensation for medical bills, lost wages, and pain and suffering. They may also provide some separate coverage for medical treatment, regardless of their liability if injured on their property.
First-Party vs. Third-Party Claims in Medical Malpractice Cases
Medical malpractice cases are legal disputes that arise when a healthcare professional or institution fails to provide a standard of care and causes harm to a patient.
- First Party: You rely on your own health insurance provider to cover immediate medical costs, such as corrective treatment, follow-up care, or hospital stays needed to address the harm you suffered.
- Third Party: You file a claim against the negligent healthcare provider's medical malpractice liability insurance to recover full compensation—including pain and suffering, lost wages, and long-term damages like future medical needs or diminished earning capacity.
First-Party vs. Third-Party Claims in Dog Bite Cases
New York law provides dog bite victims with two avenues of recovery: in addition to strict liability for injuries caused by a dangerous dog, victims can also pursue compensation under a standard negligence cause of action.
- First Party: You use your own health insurance to cover immediate medical care, such as emergency treatment, stitches, wound cleaning, or follow-up visits.
- Third Party: Your dog bite lawyer files a claim against the dog owner's homeowner's or renter's liability insurance policy, which often covers dog bite injuries. This path lets you pursue full compensation, including medical bills, lost wages, and pain and suffering tied to the attack.
Have Questions About Your Injury Claim? Call for a Free Consultation
Knowing whether your situation calls for a first-party insurance claim or a claim against someone else's insurance company can make all the difference in how smoothly your recovery moves forward, no matter what kind of accident left you injured. If you're unsure which path fits your case, our personal injury lawyers are ready to review the details and guide you toward the compensation you deserve.