Glossary
First-party claim
A claim you make to your own insurance company under your own policy, such as a PIP or collision claim.
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. A claim you make against the other driver's insurance because their driver caused your losses. Glossary 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. The part of an insurance policy that requires you to help your own insurer investigate, settle or defend a claim, for example by giving statements and documents. Glossary. Unreasonable delay or denial by your own insurer can amount to Bad faith. An insurer's unreasonable refusal or delay in paying a valid claim. Many states allow extra penalties for it. Glossary. On an uninsured motorist 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 and the claim process explain how both kinds of claims move.
Example#
Related terms#
Questions people ask
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 — prompt payment of claims
- NAIC, Unfair Property/Casualty Claims Settlement Practices Model Regulation — model claim-handling rules
- Washington State Office of the Insurance Commissioner, Filing an auto insurance claim — as of October 2026
Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.
Keep reading
- GlossaryGlossaryShort, plain-English definitions of the legal and insurance terms that come up after a crash, each with an example, related terms and the sources behind it.
- The claim processInsurance adjusterWho the adjuster works for, what they do with a claim, the deadlines many states set for insurers, what a reservation of rights letter means, and how to…
- The claim processThe claim processFrom the police report and medical records to insurer calls, the demand letter, negotiation, a lawsuit and trial, with the deadlines that apply at each stage.
- Accident typesUninsured driversWhen the driver who hit you has no insurance or too little, your own policy usually becomes the main source of payment. How UM and UIM claims work, stacking…
- GlossaryGross negligenceConduct done with conscious or reckless disregard for the rights and safety of others. It is more serious than ordinary carelessness.
- GlossaryGuardian ad litemA person, often a lawyer, whom a court appoints to look after the interests of a child or another person who cannot act for themselves in one particular case.