If you were injured by another person’s negligence, you might have to deal with their insurance company. This is referred to as a third-party insurance claim, and it can work differently than filing with your own company. Third-party adjusters are especially focused on reducing their payouts or trying to deny your claim. Knowing how to handle these claims, and the potential pitfalls, are important to protecting your legal rights to compensation.
At Underwood Law, LLC, our Georgia personal injury attorneys are here to help. We help clients navigate third-party insurance claims, usually as part of a larger personal injury lawsuit. Our team will help you seek the compensation you deserve.
What a Third-Party Insurance Claim Is
A third-party claim is a request for compensation you file with the at-fault party’s insurance company. Common examples include:
- Filing against another driver’s auto insurer after a crash
- Filing against a property owner’s liability insurer after a fall
- Filing against a dog owner’s homeowner’s insurer after a bite
- Filing against a business’s commercial liability insurer after an injury
In these cases, you are the third party, the person seeking payment from someone else’s policy. Unlike a first-party claim (where your own insurer owes you contractual duties), a third-party insurer owes you no loyalty. Their job is to minimize what they pay.
What to Expect When Dealing with Someone Else’s Insurer
Third-party adjusters often follow predictable tactics:
- Asking for a recorded statement
- Requesting broad medical authorizations
- Minimizing your injuries
- Blaming you for part of the incident
- Pressuring you to accept a fast, low settlement
- Delaying communication to wear you down
Understanding these tactics helps you respond strategically.
Step 1: Document Everything Immediately
Strong documentation is the backbone of any third-party claim. Start gathering:
- Photos of injuries, property damage, and the scene
- Police reports or incident reports
- Witness names and contact information
- Medical records and bills
- Repair estimates
- Any video footage available
Third-party insurers rely heavily on evidence. The more you have, the harder it is for them to dispute your claim.
Step 2: Get Medical Treatment Right Away
Insurers often argue injuries are “not serious” or “not related” if you delay treatment. Seeing a doctor promptly:
- Creates a clear medical record
- Connects your injuries to the incident
- Prevents the insurer from claiming you’re exaggerating
Follow all treatment recommendations and keep copies of every medical document.
Step 3: Avoid Giving a Recorded Statement
Third-party insurers frequently ask for recorded statements early in the process. They may say it’s required, but that isn’t actually true.
Recorded statements can be used to:
- Twist your words
- Highlight inconsistencies
- Undermine your injury claims
- Shift blame onto you
You have the right to decline or request written questions instead.
Step 4: Don’t Sign Broad Medical Releases
Third-party insurers often send medical authorization forms that allow them to dig through your entire medical history. They use this to argue your injuries were pre-existing.
You can provide specific records related to the incident without giving access to unrelated medical information.
Step 5: Understand How Fault Affects Your Claim
Most states, including Georgia, use some form of comparative negligence. This means:
- Your compensation may be reduced if you’re partially at fault
- Insurers often exaggerate your percentage of fault to reduce payouts
- You can challenge any fault determination with evidence
Never assume the insurer’s version of events is accurate.
Step 6: Track All Financial Losses
Third-party claims can include compensation for personal injury damages such as:
- Medical bills
- Future medical care
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
Keep receipts, invoices, and documentation for every expense.
Step 7: Be Cautious with Settlement Offers
Third-party insurers often make quick offers hoping you’ll accept before you understand the full extent of your injuries. Early offers rarely cover:
- Future treatment
- Long-term pain
- Lost earning potential
- Permanent impairment
- Emotional impact
Once you accept a settlement, you cannot reopen the claim.
Step 8: Know When to Get Help
Third-party claims can become complicated when:
- Fault is disputed
- Injuries are serious
- The insurer is delaying or denying
- You’re being pressured to settle
- You’re asked to give statements or sign forms you don’t understand
You’re allowed to seek guidance at any point in the process.
Work with a Georgia Personal Injury Attorney for Help With Third-Party Insurance Claims
Getting help is a critical part of protecting your rights. An attorney can help you determine the more appropriate value for your claim, and whether an offer is appropriate. Insurers will almost certainly try to take advantage of you if you are unrepresented.
Our team at Underwood Law, LLC are ready to help with your needs. Contact us today for a consultation.
