Accident Claim Lawyers
InsuranceUpdated September 2026

First-party claims

In plain English: a first-party claim is one you make under your own insurance policy, such as collision, medical payments, no-fault or uninsured motorist cover. A third-party claim is one you make against someone else's insurer because they caused the loss.

Why the difference matters

When you claim against the other driver's insurer, they owe you nothing except a fair assessment of what their customer is legally responsible for. When you claim against your own insurer, you're a customer with a contract. In most US states that contract carries a duty of good faith and fair dealing, and an insurer that unreasonably delays or denies a first-party claim can face a bad faith claim. In Canada, courts have also recognised a duty of good faith owed by insurers to their own policyholders.

That doesn't mean your own insurer is on your side in every sense. They still want to pay the correct amount and no more. But you have contractual rights, and the policy wording is what decides them.

Common first-party claims after an accident

  • Collision or own-damage cover for repairs to your car, minus your deductible or excess.
  • Medical payments or personal injury protection for treatment costs and, with PIP, some lost wages.
  • No-fault accident benefits in no-fault US states and in Canadian provinces such as Ontario.
  • Uninsured or underinsured motorist cover when the at-fault driver has no insurance or not enough.
  • Rental reimbursement while your car is off the road.

Why you might claim on your own policy first

If fault is disputed or the other insurer is slow, your own collision cover can get your car repaired now. Your insurer may then pursue the at-fault driver's insurer to recover what it paid, a process called subrogation, and you may get your deductible back if it succeeds. In the UK, claiming on a comprehensive policy for a non-fault accident can still affect your no-claims record until the insurer recovers its costs, so ask how it will be recorded.

Your duties as the policyholder

  1. Report the accident promptly, within whatever time the policy sets.
  2. Cooperate. Your policy may require you to give a statement or attend an examination.
  3. Protect the vehicle from further damage.
  4. Don't admit fault or agree a settlement with the other driver without telling your insurer.
Cooperation isn't unlimited

Your policy may oblige you to give your own insurer a statement, but that doesn't mean you have to give one to the other driver's insurer. Know which company you're speaking to before you answer questions.

Next: medical payments coverage · fault vs no-fault insurance · the insurer's duty of good faith.

Related terms

Policy LimitsA policy limit is the most an insurer will pay under a particular coverage for a single accident or claim.PremiumA premium is the price you pay an insurer for your policy, usually monthly or yearly.Recorded StatementA recorded statement is an audio-recorded interview where an insurance adjuster asks you about the accident, your injuries and your medical history.Rental Reimbursement CoverageRental reimbursement is an optional add-on to your own car policy that pays for a rental car, up to a daily and total limit, while your car is being repaired or replaced after a covered claim.

General information, not legal or medical advice. Rules differ between US states, the UK and Canadian provinces, so check the law where your accident happened. How we write and check · Legal disclaimer