What Is a “Third-Party Claim” in Tempe Auto Accidents?
After a car crash in Tempe, one of the first questions you’ll face is which insurance company should pay? If you weren’t at fault, the answer is usually the other driver’s insurer — and that’s exactly what a third-party claim involves.
But third-party claims aren’t always straightforward. Insurance companies are quick to protect their own, and unless you understand how the process works — and what you’re entitled to — you could walk away with far less than you deserve. If your wreck happened near Escalante or Downtown Tempe, a local car accident attorney can help you handle your third-party claim from start to finish.
First-Party vs. Third-Party: What’s the Difference?
Let’s break it down:
A first-party claim is filed with your own insurance company.
A third-party claim is filed with the at-fault driver’s insurer.
If someone else caused the crash — whether they ran a red light in Meyer Park or rear-ended you in South Tempe — you’ll be dealing with their insurance provider to recover compensation for:
Medical expenses
Lost wages
Pain and suffering
Property damage
When You Should File a Third-Party Claim
You typically file a third-party claim when:
You weren’t at fault for the accident
The other driver has valid insurance
You suffered injuries or property damage as a result
In many Tempe cases — such as T-bone collisions, rollovers, or hit-and-run incidents where the driver is later identified — third-party claims are how you recover damages from the responsible party’s insurer.
What Makes Third-Party Claims Complicated?
Unlike a first-party claim, the other driver’s insurance company has no loyalty to you. Their job is to protect their own policyholder — and limit what they pay you. That means:
They may dispute fault
They may challenge your injuries
They may offer a lowball settlement
They may delay or ignore your claim altogether
This is especially common in cases involving traumatic brain injuries or spinal cord trauma, where medical costs can be high and recovery times are long.
Do You Have to File a Lawsuit to Win a Third-Party Claim?
Not always — but you might. Most third-party claims start as insurance negotiations, but if the other driver’s insurer won’t make a fair offer, your attorney may recommend filing a personal injury lawsuit in civil court.
Arizona gives you 2 years from the date of the crash to file a lawsuit (under the state’s statute of limitations) — so don’t wait too long.
What If the Other Driver Is Uninsured?
In that case, you can’t file a third-party claim — because there’s no insurance policy to claim against. You may need to turn to your own uninsured motorist coverage, assuming you have it.
Uninsured cases are common in hit-and-runs and low-income areas. Our Tempe uninsured driver attorney can walk you through the process and explore other sources of recovery.
What If Fault Is Shared?
Arizona follows pure comparative fault rules, which means you can still recover compensation even if you were partly to blame. Your third-party claim will simply be reduced by your percentage of fault.
So if your claim is worth $100,000 and you’re found 25% at fault, you’ll receive $75,000. This often comes into play in rideshare crashes, distracted driving incidents, or lane-merging accidents where stories conflict.
What Role Does a Lawyer Play in Third-Party Claims?
A Tempe accident attorney can:
Investigate the crash
Gather medical and crash evidence
Handle all communication with the insurer
Negotiate for a fair settlement
File suit if the insurer refuses to act in good faith
They’ll also help you avoid common pitfalls — like making recorded statements, signing releases too early, or undervaluing future medical care in your demand letter.
Final Thought
A third-party claim is often your best shot at getting full compensation after a Tempe auto accident — but it’s rarely as easy as it sounds. The other driver’s insurer doesn’t work for you, and they won’t look out for your long-term needs.
Make sure you understand your rights — and if necessary, get a legal advocate who knows how to enforce them.
