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First-Party Claims Compared to Third-Party Claims

Posted by Kenneth Stalter | Jul 16, 2020 | 0 Comments

What is the difference between a first-party insurance claim and a third-party insurance claim? As a general matter, in a first-party claim, you are the policyholder and you are making a claim on your own policy. In a third-party claim, you were harmed by the policyholder and you are making a claim against their policy.

In some circumstances, you may have the rights of a first-party claimant even if you are not the policyholder. For example, if you were injured by an uninsured motorist while you were a passenger in another person's car, you may be able to claim uninsured motorist benefits from the policy attached to the vehicle you were riding in.

This is important, because the law gives more protection to a first-party claimant than to a third-party claimant. In general, an insurance company may not put its own interests ahead of a first-party claimant.

Many cases involve both third-party and first-party claims. To navigate the complexities of different types of claims, consider consulting an insurance attorney who represents injured people and policyholders.

About the Author

Kenneth Stalter

Ken Stalter graduated with honors from Harvard Law School in 2008. Before founding Stalter Law LLC, he was General Counsel to the New Mexico Attorney General. A former prosecutor and appellate attorney, he has experience with all levels of the New Mexico court system. His clients include New Mexi...


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