Have You Been in a Car Accident That Wasn’t Your Fault?
If yes, know your rights as a Third Party Claimant.
- What is a Third Party Claim?
By definition, a third party claim is when the other person’s insurance is involved as opposed to your own.
Understand that your claim is actually against the at fault party or person and not their insurance company. As such, the insurance company cannot dictate anything:
- Not the repair shop,
- Not the repair methodology, nor
- Not how much is paid.
- NOTHING!!!
This is because there is no contract in force.
Generally, the liability portion of an auto insurance policy will state:
“The insurance company will pay on behalf of the insured all sums which the insured becomes obligated to pay as damages arising from;
- bodily injury
- injury or destruction of property; which are payable under the terms of this policy.
Basically, the insurance company is obligated to pay the damages up to the limits of coverage purchased by the insured.
- Know Your Rights.
In the case of an automobile collision, you are not at the mercy of the insurance company.
- A person cannot be bound to a contract they were not a party to
- The only reason the insurance company is involved in the claim is to pay the damages owed by the insured to the claimant.
- There is no contract in effect between the claimant and the insurance company
- The claimant does not have to settle for after-market parts
- The claimant may be entitled to a rental vehicle immediately upon suffering the loss
- The claimant can choose any repair shop and repair methods they desire to have the repairs made (within reason)
The insurance company cannot dictate anything to the claimant. The insurance company has no authority over you as a third party claimant other than to pay the bill of the third party claim.
Understand that some insurance representatives will often tell a claimant something different. They would have the vehicle owner believe that the insurance company’s decisions are binding, but THIS IS NOT TRUE:
The at-fault party owes the claimant
The at-fault party’s Contract of Insurance provides protection to the at-fault party
The claimant has complete control over the repair process, not the negligent party’s insurance company.
You have every legal right to bring your car to the collision repair facility you trust.
If you’re ever involved in an accident, go with a lawyer that has a great deal of knowledge and can provide you with legal assistance while helping you to navigate through this process.
At The Law Office of C. Jack Allen, we can provide you the necessary guidance after being involved in an auto accident. Log onto www.cjacklaw.com and schedule your FREE consultation today.