A third-party accident claim allows an injured person to seek compensation from someone who wasn’t directly part of the accident but still played a role in causing the injury. This type of claim can apply to many personal injury situations and can offer extra financial recovery beyond what’s available through other sources.
At Chopra & Nocerino, our New York personal injury lawyers are experienced in handling third-party injury claims. If you or a loved one were injured in an accident, contact us online or call (855) NYC-HURT today for a free consultation.
- Third-party claims can be relevant in various types of personal injury cases.
- Third-party lawsuits can provide additional financial recovery in situations such as workers’ compensation claims or car accidents, particularly when primary compensation options are limited.
- The personal injury attorneys at Chopra & Nocerino are experienced in managing third-party claims and are available to discuss your legal options.
How Do Third-Party Claims Work?
Similar to standard personal injury claims, third-party claims involve gathering evidence, filing the claim, and seeking a resolution. The main difference is that the third party is not directly involved in the accident but has nonetheless contributed, in some way, to the injuries sustained.
Evidence Collection:
Building a strong case requires evidence, such as:
- Medical records, bills, and doctors’ notes
- Police and accident reports
- Witness testimony
- Video and photos of the injury’s impact on daily life
- Video and photos of where the accident occurred
Filing a Claim:
The injured party, the plaintiff, files a claim against the third party’s insurer or a lawsuit against the responsible party. Evidence collection may continue to occur even after the claim or lawsuit has been filed.
Claim Outcome:
Attorneys will negotiate a settlement with the third party’s insurer. If a settlement cannot be reached, the case will go to trial.
What Types of Accidents Involve Third-Party Claims?
Here are examples of accidents that may involve a third-party claim:
- Car accidents: If a commercial vehicle is involved in a crash, the company that owns the truck may share responsibility for the accident. Additionally, if a faulty car part in the other driver’s vehicle contributed to the crash, the manufacturer of that car or part could be held liable.
- Workplace incidents: If a subcontractor’s actions contributed to an employee’s injury at a construction site, a claim could be filed against the negligent subcontractor.
- Premises liability: If a vendor causes hazardous conditions when making a delivery at a business or restaurant, such as a spill that results in a slip and fall accident, the vendor could be liable for its role in the accident.
What Is the Difference Between a Workers’ Compensation Claim and a Third-Party Claim?
In New York, workers’ compensation is a no-fault system. This means that coverage for medical expenses and a portion of lost wages is provided regardless of who is responsible for the injuries. The trade-off is that you typically cannot sue your employer for your injuries.
Third-party claims are not directed at your employer. Instead, they are lawsuits aimed at other parties responsible for your injuries. When workers’ compensation does not fully cover steep medical bills and related expenses, third-party claims can help you recover additional funds to pay those outstanding costs.
How Does Comparative Negligence Impact My Third-Party Claim?
Under New York’s pure comparative negligence law, people injured in accidents can collect compensation only if they are not 100 percent responsible for their injuries. Your compensation will be decreased by the amount of fault you are assigned.
For instance, if the total damages of a car accident are $10,000, and you are determined to be 40 percent at fault, your compensation will be reduced by 40 percent. This means you would receive $6,000 of the total $10,000.
What Type of Compensation Can You Seek Through a Third-Party Claim?
Economic and non-economic damages are the two primary types of compensation sought in a third-party claim. Economic damages refer to quantifiable financial losses, such as medical bills and recovery expenses. In contrast, non-economic damages encompass subjective, intangible losses, such as pain and suffering.
Additional examples of economic and non-economic damages include:
- Expenses for ongoing or long-term care
- Lost wages and reduced earning ability
- Emotional distress
- Property damage
- Other related out-of-pocket expenses
In some instances, filing a third-party lawsuit may be your only option to receive compensation for non-economic damages, such as with work accident injuries. New York’s workers’ compensation does not provide coverage for non-economic damages.
How Does New York Law Affect Third-Party Claims?
As mentioned above, New York’s pure comparative negligence law is one way that state law can affect the outcome of your third-party claim if you share fault in the accident.
Another rule to be aware of is New York’s statute of limitations for personal injury lawsuits. Generally, individuals have three years from the date of the accident to initiate a lawsuit. However, this timeframe is shorter in cases involving wrongful death or when the lawsuit is against a government entity or employee. Suing a government entity involves more steps than filing a typical personal injury lawsuit. Failing to meet these deadlines or complete the required procedures can result in your lawsuit being dismissed.
What Happens if the Third Party Doesn’t Have Insurance?
If the third party in a car accident is underinsured or does not have auto insurance, you can turn to your uninsured/underinsured (UI/UIM) motorist insurance for coverage. Uninsured motorist coverage protects policyholders in an accident with a driver without insurance.
New York requires drivers to purchase uninsured motorist coverage, but underinsured motorist coverage is optional. Underinsured motorists coverage is used when the at-fault driver’s liability limits are not enough to cover damages.
How Can Chopra & Nocerino Help Third-Party Accident Claims?
Third-party accident claims provide a legal path to recover damages when coverage may be limited by other means. The New York personal injury lawyers at Chopra & Nocerino have over 20 years of combined experience fighting for accident victims. We stop at nothing to defend our clients and make sure their bills are paid.
If you or a loved one were injured in an accident, the New York injury lawyers at Chopra & Nocerino are here to explain your legal options.
Contact us online or call (855) NYC-HURT today for a free consultation.
