# First-party claim

> A first-party claim is one you make to your own insurer, such as a PIP, collision or uninsured motorist claim. How it differs from a third-party claim.

Canonical page: https://accidentclaimfacts.com/glossary/first-party-claim/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

A first-party claim is a claim you make to your own insurance company under your own policy. After a crash, that can include personal injury protection (PIP), medical payments, collision or uninsured motorist coverage. A claim against the other driver's liability insurer is a third party claim instead.

## In a car accident claim

Because your policy is a contract, your insurer owes you the duties written into it, and many states add deadlines. Texas, for example, requires your insurer to acknowledge a claim within 15 days, accept or reject it within 15 business days after receiving everything it asked for, and pay within 5 business days after saying it will. Prompt-payment deadlines apply to first-party claims: claims you make under your own policy that your insurer pays to you, not claims against the other driver's insurer.

You owe duties too, such as prompt notice and cooperation under the policy's cooperation clause. Unreasonable delay or denial by your own insurer can amount to bad faith. On an [uninsured motorist](https://accidentclaimfacts.com/accidents/uninsured-driver-accidents/) claim, your insurer stands in the at-fault driver's place, so it may dispute fault and the value of your injuries. Our guides to the [insurance adjuster](https://accidentclaimfacts.com/claim-process/insurance-adjuster/) and the [claim process](https://accidentclaimfacts.com/claim-process/) explain how both kinds of claims move.

## Example

> **Example:** After a crash with an uninsured driver, a driver opens a collision claim for the car and an uninsured motorist claim for the injuries, both with the driver's own insurer. Both are first-party claims, so the policy's terms, deductible and the state's deadlines for insurers apply.

## Related terms

- [Third-party claim](https://accidentclaimfacts.com/glossary/third-party-claim/)
- [Personal injury protection](https://accidentclaimfacts.com/glossary/personal-injury-protection/)
- [Uninsured motorist coverage](https://accidentclaimfacts.com/glossary/uninsured-motorist-coverage/)
- [Subrogation](https://accidentclaimfacts.com/glossary/subrogation/)

## FAQ

### What is the difference between a first-party and a third-party claim?

A first-party claim is made to your own insurer under your own policy. A third-party claim is made against the other driver's liability insurance, whose contract is with its own customer, not with you.

### Can I get my deductible back after a first-party claim?

Often, if another driver was at fault. Your insurer may seek repayment from the at-fault driver's insurer through subrogation. In Washington, for example, your insurer must include your deductible in its demand to the at-fault driver's side.

## Sources

- [Texas Legislature, Insurance Code chapter 542](https://statutes.capitol.texas.gov/Docs/IN/htm/IN.542.htm) — prompt payment of claims
- [NAIC, Unfair Property/Casualty Claims Settlement Practices Model Regulation](https://content.naic.org:443/sites/default/files/model-law-902.pdf) — model claim-handling rules
- [Washington State Office of the Insurance Commissioner, Filing an auto insurance claim](https://www.insurance.wa.gov/insurance-resources/auto-insurance/auto-insurance-claims/filing-auto-insurance-claim), checked October 29, 2026
