Understanding Third-Party Insurance Claims: What You Should Know

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Graham Crumb
Claims Director
Last Updated
10 October 2024

Dealing with an accident is stressful; navigating third-party insurance claims shouldn’t worsen it. This guide simplifies the process, helping you secure the compensation you deserve without unnecessary delays or frustrations. Knowing how to handle a third-party claim can save you time, money, and stress, whether a business claim or property damage.

Fast Facts: Third-Party Insurance Claims

Key statistics and data on third-party insurance claims for property, contents, and business claims:

Frequency of Claims

Property and business-related third-party claims occur frequently and can be costly for insurers:

  • Approximately 40% of small businesses will experience a property or liability loss within the next 10 years

Types of Claims

The most common types of third-party property and business claims include

  • Slip and fall accidents (21% of general liability claims)
  • Property damage (15% of claims)
  • Product liability (11% of claims)

Industry-Specific Data

Certain industries face higher risks of third-party claims:

  • Retail businesses experience the highest frequency of general liability claims, accounting for 27% of all such claims.

Impact on Businesses

Third-party claims can have significant financial implications for businesses:

  • 75% of businesses are underinsured by 40% or more, potentially leaving them vulnerable to third-party claims.
  • 40% of small businesses are likely to experience a property or liability loss within the next decade.

Claim Processing

The efficiency of claim processing varies:

  • On average, it takes 30 days to settle a property damage claim.
  • Complex business interruption claims can take up to 6 months to resolve.

These statistics highlight the importance of adequate third-party liability coverage for businesses and property owners. They also underscore the potential financial impact of such claims and the need for efficient claim processing systems.

What is a Third-Party Insurance Claim?

A third-party insurance claim is made by someone other than the policyholder or the insurance company for damages or injury. If you’re at fault in an accident, your insurance will cover the expenses of the affected party. For example, if you rear-end another vehicle, the driver would file a third-party claim against your insurance. Third-party insurance is common in auto policies and is often legally required to ensure accident victims are compensated.

Legal Basis for Third-Party Insurance

Third-party insurance is mandated by law in many countries, including the UK. It protects the public by ensuring that anyone causing damage or injury has the means to compensate the injured party. In most places, driving a vehicle without at least third-party insurance is illegal.

Common Scenarios for Third-Party Claims

These situations illustrate where third-party claims come into play, ensuring that the affected party gets compensated for damages:

  • Vehicle accidents: One driver is at fault, damaging another’s vehicle.
  • Property damage: A car crashes into a fence or building.
  • Personal injuries: A pedestrian is hit by a vehicle.

First-Party vs. Third-Party Insurance Claims

It’s important to understand the distinction between first-party insurance claims (where the policyholder seeks compensation from their insurer) and third-party insurance claims, where compensation is provided to another person affected by the policyholder’s actions. In third-party claims, the victim (third party) files the claim, not the policyholder.



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Why are Third-Party Insurance Claims Filed?

Third-party insurance claims are primarily filed when someone other than the policyholder suffers damages or injuries due to the policyholder’s actions. These claims ensure that the affected party is compensated without bearing the costs.

Liability and Responsibility

At the core of third-party insurance claims is the issue of liability. When one party is responsible for an accident or incident, they are liable for the damages. For example, if you cause a car crash by running a red light, you are liable for the damages. Third-party insurance covers the cost, protecting you from paying out of pocket.

Role of the Insurer

Once liability is determined, the insurance company assesses the claim, calculates the damages, and offers compensation to the third party. This process involves investigation, documentation, and negotiation to reach a fair settlement.

How Liability is Determined

Liability is determined through an investigation conducted by the insurer. Factors that play a role in determining liability include:

  • Eyewitness accounts
  • Accident reports
  • Surveillance footage
  • Statements from involved parties

How to Make a Third-Party Claim

Filing a third-party claim can be daunting if you’re unfamiliar with the process. However, following the correct steps will help ensure a smoother experience.

  1. Notify your insurer: Contact your insurance company immediately after the incident. Provide details such as the accident’s time, date, and location, and gather any witness information.
  2. Document the incident: Take photos of the scene, collect witness statements, and secure the police or accident report. This documentation will be crucial for supporting your claim.
  3. Submit the claim: File the claim with all necessary documents. The insurer will then start their investigation.

Documentation Required

The documents you’ll need to support your claim include:

  • Police or accident reports: Essential for establishing fault.
  • Photos or videos of the accident: To provide visual evidence.
  • Witness statements: Additional support to validate your claim.
  • Medical reports (if applicable): To demonstrate injury severity and treatment.

Investigation and Settlement

Once your claim is submitted, the insurance company will:

  • Investigate the accident.
  • Review all documentation and evidence.
  • Propose a settlement based on their findings. If both parties agree, the claim is resolved. If not, negotiations or adjudication may follow.
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Liability Coverage in Third-Party Claims

Liability coverage protects you when you’re responsible for damages or injuries. It typically covers two areas:

  1. Bodily Injury: Pays for medical bills, lost wages, and other related costs for the injured person.
  2. Property Damage: Covers the repair or replacement of damaged property, like a car or a fence.

Coverage Limits

Every insurance policy comes with limits on how much it will pay. For example, your liability coverage may be capped at a certain amount for bodily injury or property damage. You may be liable for the difference if the costs exceed your policy’s limits. That’s why you should always know your policy limits.

Exceeding Coverage Limits

If the costs exceed your policy’s limits, you may have to pay the remaining amount out of pocket. Consider purchasing higher coverage limits to avoid this scenario, especially if exposed to high-risk situations.

Who Pays the Excess in a Third-Party Claim?

Excess is a deductible amount you pay before your insurance kicks in. However, when dealing with third-party claims, the way excess payments work can differ from first-party claims.

Excess in Third-Party Insurance Claims

In most third-party claims, the excess applies only to your damages. While your insurer covers the third party’s expenses, you may need to pay an excess for any repairs to your vehicle or property.

Policyholder’s Responsibility

For example, if you rear-end another vehicle and both cars are damaged, you would likely need to pay an excess for the repairs to your car. However, the third-party claim (covering the other driver’s car) would be handled directly by your insurance company without requiring you to pay an excess.

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The Third-Party Claims Process

The process for filing and resolving a third-party claim involves several stages designed to establish fault, assess damages, and reach a fair settlement.

Investigation

Once the claim is filed, the insurance company begins its investigation. This involves reviewing all relevant documents, such as accident reports, witness statements, and photographs. The insurer uses this information to assess who is at fault.

Fault Determination and Adjudication

Once fault is determined, the insurer will propose a settlement amount to cover the third party’s damages. If both parties agree to the terms, the claim is resolved. If not, negotiations may continue, or the case could proceed to adjudication.

Timelines for Third-Party Claims

Typical third-party claims follow these timelines:

  • Claim filing: Immediately after the accident.
  • Investigation: Can take weeks, depending on complexity.
  • Settlement: Can happen shortly after investigation or lead to further negotiation.

Legal Recourse for Denied Third-Party Insurance Claims

Sometimes, a third-party claim may be denied, leaving the affected party with few options. However, there are steps you can take to challenge a denial.

Dealing with Claim Denial

If your third-party claim is denied, you have several options for recourse. Start by reviewing the denial letter to understand the insurer’s reasoning. This information will guide your next steps.

Appeals Process

Many insurance companies offer an appeals process for denied claims. This typically involves submitting additional evidence or documentation to support your case. Be clear in your appeal why the denial should be reconsidered, and provide any missing information that may strengthen your claim.

Dispute Resolution and Legal Action

If the appeal process doesn’t result in a favourable outcome, consider exploring alternative dispute resolution methods such as mediation or arbitration. If these options fail, seeking legal advice and taking the case to court may be necessary to get the compensation you deserve.

Read more about dealing with a rejected insurance claim.

Be Safe and Prepared for Third-Party Insurance Claims

When accidents strike, third-party insurance claims provide essential financial protection. Familiarising yourself with the claims process and understanding liability empowers you to take control of your situation.

Don’t leave your coverage to chance – review your policy now. Without proper preparation, you risk facing significant financial burdens after an accident. Ensure you’re protected and ready to navigate third-party claims confidently. Your peace of mind starts with informed decisions – act today and safeguard your future!

We Can Help

Oakleafe Claims have represented policyholders and managed their insurance claims since before the First World War. We have vast expertise and experience in both domestic and commercial insurance claims with thousands of satisfied policyholders who have received their deserved insurance settlement. With no upfront fees required, our internal data shows that insurance claims managed by professional loss assessors like Oakleafe can expect a settlement up to 40% higher than claims managed by the policyholder.



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