What Is the Difference Between a First-Party and a Third-Party Insurance Claim?

If You File a Claim With Your Own Insurer After an Accident or Injury, it is a First-Party Claim

If you file an insurance claim with another party’s insurer, it is considered a third-party claim or liability claim. The other person is the policy holder, the insurance company is the second party; therefore, you are considered the third party. A Washington, DC personal injury lawyer can help you understand which type of claim applies and what compensation may be available.

Regan Zambri Long have earned Tier 1 rankings in the 2026 Best Law Firms guide for Personal Injury Litigation, Medical Malpractice Law, Product Liability Litigation, and Mass Tort Litigation/Class Actions in the Washington, DC metro area. We have also recovered over $1 billion in verdicts and settlements for our clients.

If you have any questions about a possible personal injury claim, contact Regan Zambri Long today, and one of our attorneys will reach out personally for a free consultation. We’re available 24/7, and there’s no fee unless we win your case.

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When Should You File a First-Party Insurance Claim?

Since a first-party insurance claim refers to a claim that you will file with your insurance company to seek compensation for injury or damage,  the settlement you will receive from the insurance company depends on the type or types of coverage included in your policy. It is essential for you to know exactly what types of losses are covered and not covered by your policy.

In the event of serious injury or significant property loss it may be helpful to work with an attorney even when filing a first-party insurance claim to ensure appropriate compensation. Unfortunately, insurance companies have their own team of lawyers and insurance adjusters and may try to deny your claims. They could do this by offering a settlement too low to cover lost wages, medical bills, property damage, and pain and suffering. If a settlement payment too low to cover your losses is offered to you based upon an insurance adjuster report, a personal injury attorney could help.

Common reasons for filing a first-party claim are:

  • Property damage including damage caused by storms, accidents, natural disasters, earthquakes, fires, or other incidents
  • Single-vehicle accidents, such as striking a barrier or hitting a tree.
  • Hit and run car accidents
  • Car accidents that involve drivers that are not insured or are underinsured

Uninsured and underinsured motorist coverage can be particularly important in Washington, DC, where a significant number of drivers may not have enough insurance to cover the losses they cause. A 2025 Insurance Research Council report found that 23.1% of Washington, DC drivers were uninsured in 2023, the third-highest rate in the country. In these cases, a first-party claim with your own insurer may provide an important source of compensation.

 

Additionally, DC drivers can opt into personal injury protection coverage, also known as PIP as no-fault coverage. It is a first-party coverage, meaning it is available on an insurer’s owned vehicle, and it pays or may pay medical expenses and lost wages ahead of any claim against another party.

 

According to the Insurance Information Institute, the District of Columbia has neither a true no-fault nor an add-on law. It offers drivers the option of no-fault benefits or fault-based coverage. In the event of an accident, a driver who originally chose to receive no-fault benefits has 60 days to decide whether to receive these benefits or to take the other party to court.

When Should You File a Third-Party Insurance Claim?

In contrast, third-party claims will be filed with the other party’s insurance company when you’re hurt because of someone else’s negligence.

In a third-party claim, the insurance company will investigate to determine liability and negotiate a settlement.  If the compensation the insurance company offers is too low, you can file a lawsuit against the at-fault party.

You are entitled to seek compensation for such losses as:

  • Medical expenses
  • Loss of wages
  • Compensation for pain and suffering

DC is also increasing the minimum liability insurance available for third-party claims. Under the Motor Vehicle Insurance Modernization Amendment Act of 2026, minimum bodily injury liability limits will rise to $50,000 per person and $100,000 per accident, while minimum property damage liability will increase to $20,000. These changes take effect on October 1, 2027

What Are Common Types of Third-Party Insurance Claims?

Common third-party insurance claims include:

  • Truck and car accidents involving at-fault driver
  • Slip and fall cases
  • Medical malpractice
  • Product liability
  • Premises Liability
  • Bike Accidents
  • Motorcycle Accidents
  • Wrongful Death

While you may have a better understanding of the differences between filing first and third-party insurance claims, it is important to speak with a lawyer about your specific case to discuss your legal options.

An injured man sits in an office holding crutches and wearing a neck brace, appearing concerned while a woman works on a laptop nearby. This image represents the aftermath of a pedestrian accident and the legal consultation process related to PIP (Personal Injury Protection) coverage in Washington, DC. Regan Zambri Long PLLC assists clients in navigating PIP claims for medical bills and lost wages following pedestrian incidents.

What Is the Difference Between First-Party and Third-Party Insurance Claims?

The key difference is where your right to compensation comes from. A first-party claim is based on the coverage you purchased under your own insurance policy, so the dispute may focus on what the policy covers and how much your insurer should pay. A third-party claim is based on another person’s legal responsibility for your injuries or losses. You will generally need to establish that the other party was at fault before their insurer will pay compensation.

 

In a first-party claim, you will file directly with your own insurance company.  However, speak to an attorney first to ensure you take the right steps.

 

The process for filing a third-party claim, on the other hand, can be complicated, involving multiple people and possibly multiple insurance companies.  Also, it is important to note that there may be different regulations and time limitations when it comes to filing claims.

Why Choose Regan Zambri Long for Your Washington, DC Insurance Claim?

No matter what the situation may be, injury victims frequently find it difficult to obtain a fair settlement. Insurance companies and/or corporations try to minimize the amount they must pay by downplaying the financial impact of your injury and trying to shift the blame. If you are recovering from a serious injury or a loved one’s wrongful death, then it can be tough to defend your rights on your own, especially in complex cases.

At Regan Zambri Long PLLC we help victims navigate the complexities of a personal injury claim following an accident. We have almost 200 years of combined experience handling personal injury claims in Washington, DC, and have recovered dozens of multimillion-dollar verdicts and settlements for clients.

Our attorneys know how to take on powerful insurance companies that have the resources and legal teams to fight high-value claims. Our work has also earned local and national recognition. In 2025, all six of our partners were named among Lawdragon’s 500 Leading Plaintiff Consumer Lawyers in America, and seven of our attorneys were selected to the Washington, DC Super Lawyers and Rising Stars lists. Seven of our attorneys are also named among the Best Lawyers in the District of Columbia for Plaintiff Personal Injury Litigation. 

 

These results and honors reinforce the skill and trial strength we bring to serious insurance and personal injury claims. Our lawyers negotiate with insurance companies and the at-fault parties to reach a settlement that compensates you. And we fight for your rights in court at trial.

Frequently Asked Questions About First-Party and Third-Party Insurance Claims

Can I File Both a First-Party and a Third-Party Insurance Claim?

Yes, depending on the circumstances, you may be able to file a first-party claim with your own insurer and a third-party claim against the at-fault party’s insurance company. For example, your own coverage may pay certain losses while you pursue additional compensation from the person responsible for the accident.

Do I Have to Prove Fault in a First-Party Insurance Claim?

Usually, a first-party claim is based on the coverage provided by your own insurance policy rather than proving that another person caused your loss. However, your insurer may still investigate how the accident happened and whether your policy covers the damage or injury.

Do I Have to Prove Fault in a Third-Party Insurance Claim?

Yes, in a third-party claim, you generally need to show that another person or business was legally responsible for your injuries or losses. Their insurance company will investigate liability before deciding whether to offer compensation.

What Happens if the At-Fault Driver Does Not Have Insurance?

You may be able to make a first-party claim under your own uninsured motorist coverage. This coverage can help pay for losses caused by a driver who has no liability insurance. Underinsured motorist coverage may also apply if the at-fault driver’s insurance is not enough to cover your losses.

Can an Insurance Company Deny My First-Party or Third-Party Claim?

Insurance companies may deny claims because they dispute coverage, liability, the extent of your injuries, or the value of your losses. A personal injury lawyer can review the denial and examine the policy and evidence. They can then determine what options are available to challenge the insurer’s decision.

Should I Accept the Insurance Company’s First Settlement Offer?

You should understand the full value of your losses before accepting a settlement. An early offer may not account for future medical expenses, lost income, pain and suffering, or other damages connected to your injury. Once you accept a settlement and sign a release, you generally cannot seek additional compensation for the same claim. A personal injury lawyer can review the offer and assess the full value of your losses. They can then help you decide whether the settlement fairly compensates you.

Contact Our DC Personal Injury Attorneys Today

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Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

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