Third Party Liability
Sometimes a third party is liable for your injuries. These types of claims arise in a variety of situations. For instance if you are involved in a car accident while driving a company owned or provided vehicle while on the job, the at-fault driver’s insurance is considered third party liability. This type of claim – called a third-party claim – is one of the most common types of auto insurance claims made in North Carolina.
Typically, a third-party claim doesn’t involve a contractual relationship or an obligation between you (the injured party) and the other insurance company to act in good faith. But an experienced attorney can help prevent unfair or deceptive trade practices that are detrimental to your claim. Working with an experienced attorney at the Deuterman Law Group will significantly increase your chances of success when negotiating with a property owner, your employer, a hospital, another driver’s insurance company, or the insurance company’s attorneys.
There are other circumstances where a third–party lawsuit may be brought, such as against non-employees at a workplace, independent contractors and sub-contractors on a building site, and the manufacturers of a defective product. A third-party liability claim is a type of personal injury claim. The plaintiff (the party bringing the lawsuit) must prove that the negligence of the third party caused the accident. A good personal injury attorney knows how to preserve and gather evidence of each element of negligence and how to handle production of company and insurance documents that will support your claim.
It’s easy to mix up a workers’ compensation claim and a third-party liability claim since they’re quite similar. However, their purposes differ. Workers’ compensation provides financial compensation and medical coverage for employees who are injured in the course and scope of their employment. Workers’ compensation provides the cost of medical treatment resulting from the work-related injury as well as 2/3 of the injured worker’s pre-injury average wage, as such losses occur. Workers’ compensation doesn’t cover cover pain and suffering, loss of enjoyment of life or the prospect of future lost wages and future medical expenses. In contrast, a third-party liability claim has the ability to seek those kinds of additional compensation and recover more damages.
In order to bring a claim against a third-party, you and your Deuterman Law Group attorney will file a claim against the other insurance company, or file a complaint in court.
Needless to say, a third-party insurer can overwhelm anyone attempting to resolve a claim without the aid of a skilled and experienced injury attorney. There will be forms and lots of paperwork, which can be very confusing to someone who hasn’t done this before. At the Deuterman Law Group we know how to present a strong, organized claim and cut through the levels of bureaucracy at the insurance company. We can help you settle your claim, so that you can move forward with your life.