If you have been researching personal injury law after an accident in Florida, you have likely come across the term “third party” at one point or another. This concept comes up frequently in discussions about insurance claims, especially in those involving car and workplace accidents.
In short, a third party is any party other than you and your own insurance company that may be legally responsible for your injuries. Learning about how third-party claims work under Florida law is important, as well as getting help from experienced Fort Lauderdale Personal Injury Lawyers, because they can significantly increase the compensation available to you.
First Party vs. Third Party: What Is the Difference?
In any insurance relationship, there are two primary parties. You, the policyholder, are the first party. Your insurance company is the second party. When you file a claim with your own insurer, such as a claim under your Personal Injury Protection (PIP) coverage after a car accident, that is considered a first-party claim.
A third-party claim is different. It is a claim you file against someone else’s insurance because that person caused your injuries through their negligence. The at-fault individual (or entity, such as a business) is considered the “third party,” and the claim is directed at their liability insurance policy.
For example, if another driver runs a red light and hits your car in Florida, you might be able to file a third-party claim against that driver’s liability insurance to pursue compensation beyond what your own PIP covers.
How Third-Party Claims Work in Florida Car Accidents
Florida is a no-fault state for auto insurance purposes. That means your own PIP coverage pays up to $10,000 for medical expenses and lost wages after a crash, regardless of who was at fault. However, PIP does not cover non-economic damages like pain and suffering. It also often falls short of covering the full economic damages of a serious accident.
If your injuries meet Florida’s serious injury threshold or if another exception applies, you can step outside the no-fault system and file a third-party claim against the at-fault driver. This is where a significant portion of your recovery may come from, as it opens the door to damages that PIP does not provide.
Third-Party Claims in Florida Workers’ Compensation Cases
This is where the concept of a third party becomes especially valuable. Florida’s workers’ compensation system, governed by Chapter 440 of the Florida Statutes, is a no-fault system. You can receive benefits for a workplace injury without proving negligence. In exchange, you are generally barred from suing your employer except in certain circumstances.
Workers’ comp covers your medical treatment and a portion of your lost wages, but it does not compensate you for pain and suffering and other non-economic losses, as mentioned above. If someone other than your employer contributed to your workplace injury, a third-party personal injury claim allows you to pursue those additional damages.
Common examples include:
- A negligent driver who causes a crash while you are driving for work
- A property owner whose unsafe conditions injure you at a job site you do not control
- A manufacturer of defective equipment that malfunctions and causes your injury
- A subcontractor whose carelessness leads to an accident on a shared worksite
Per Florida law, you can pursue a workers’ comp claim and a third-party personal injury claim at the same time for the same injury. However, your employer’s workers’ comp insurance company may hold a lien on any third-party recovery for benefits it has already paid out. Your personal injury lawyer can help you navigate that process appropriately.
How Does Comparative Fault Work in Florida Third-Party Claims?
Third-party claims in Florida are subject to the state’s modified comparative negligence system. Under this rule, you can recover compensation as long as you are not more than 50% at fault for the accident. If your share of fault exceeds 50%, you are barred from recovering anything. Whatever percentage of fault is assigned to you will reduce your total recovery by that same amount.
Insurance companies routinely try to shift blame onto the injured person to protect their profits. Having an experienced attorney on your side can help ensure that fault is fairly assigned and that your right to compensation remains protected.
Contact a Fort Lauderdale Personal Injury Lawyer at Workman Car Accident & Personal Injury Lawyers for Legal Help
Third-party claims can significantly increase the compensation available to you after an accident, but they require a thorough investigation and a solid understanding of Florida personal injury law. If you believe someone other than your employer or your own insurer may be responsible for your injuries, setting up a free consultation with a Fort Lauderdale personal injury attorney is the best way to find out what options you have.
Call Workman Car Accident & Personal Injury Lawyers today at (954) 361-3997 and schedule your free consultation.