A first-party insurance claim is filed with your own insurance company. There are a number of scenarios in which you might file a first-party claim after a car accident, including when seeking coverage for:
The specific coverage available to you will vary depending on your policy. In general, remember that insurance policies are littered with fine-print coverage exclusions. You should read yours carefully and consult with an experienced attorney if you have any doubts. The legal team at Butler Kahn is ready to answer any questions you may have. To preserve your first-party coverage, insurers normally require you to report your accident before a certain deadline. You are normally given a month or two to make your report, and failure to comply with the deadline can eliminate your coverage altogether. You can file your first-party claim with Allstate by calling 1-800-ALLSTATE (1-800-255-7828) or visiting the company website.
Third-party auto insurance protects policyholders from liability when they cause an accident. If you are injured in an accident caused by someone else, a third-party insurance claim filed with their auto insurer will be a primary source of compensation. The at-fault policyholder would be the “first party,” and you would be the “third party.” All drivers in Georgia are required to carry third-party liability insurance that meets at least the following minimum coverage levels set by state law:
Depending on your case, these amounts may or may not be enough to cover your injuries and losses. Either way, failure to comply with the coverage requirements results in a misdemeanor. Penalties may include a fine between $200-1000, up to 12 months behind bars, or both.
According to the Insurance Information Institute (III), roughly one in eight drivers on Georgia roads had no auto insurance in a recent year. An accident caused by one of these drivers can result in an enormous headache for injury victims. Even if you secure a judgment against them, chances are they will not have the funds to compensate you for your injuries and losses out of pocket. This is where your own Uninsured/Underinsured (UM/UIM) coverage can save the day. As the name suggests, this kind of insurance covers your injuries and losses in the event the at-fault driver’s coverage is insufficient or nonexistent. Though UM/UIM insurance is not legally required in Georgia, all drivers should seriously consider including it as part of their auto insurance. All insurers in the state are required to offer this kind of coverage when customers purchase a new auto liability policy. They must offer it in amounts at least equal to the liability coverage chosen by the customer, who can then reject the offer in writing if they choose to.
You should proceed cautiously when discussing your third-party claim with the at-fault party’s insurer, as their adjusters will look for as many reasons as they can to deny your claim. The best way to protect your right to compensation is to let your attorney handle all communication with the at-fault driver and their insurer. In fact, when their insurer calls, you are not legally required to speak to them at all. However, if you do before securing legal representation, the following tips will help make sure you do not undermine your own claim:
Dealing with insurers after an accident can be time-consuming and frustrating, especially when trying to focus on recovering from your injuries. Always remember that insurers, including your own, are eager to save money by denying your claim. Instead of dealing with insurers yourself, it is a good idea to let an attorney do the talking for you. At Butler Kahn, our personal injury lawyers are ready to make sure you know your rights and explore all potential sources of compensation. We have decades of experience helping injury victims secure the justice and accountability they deserve. We also know how to deal with tricky insurers. While you focus on your recovery, let us focus on securing your full and fair compensation. Contact us today for a free, no-obligation consultation.