You were hit by another driver in Los Angeles County, and now an adjuster from that driver’s insurance company keeps calling. You never bought that policy, yet you are told you have a “third-party claim.” What does that mean, and who is really on the other side of it?
The short answer: a third-party claim is a claim you make against the at-fault driver’s liability insurance. You are the “third party” because the insurance contract is between the other driver and their insurer. That one fact shapes who you deal with, who you sue if the claim does not settle, and what can go wrong along the way.
What a Third-Party Claim Means After a California Car Crash
Every auto insurance policy has two parties: the insurance company and the driver who bought the policy, called the “insured.” When that driver causes a crash, the injured person is an outsider to the contract, and that outsider is the third party.
In a third-party claim, you ask the other driver’s insurer to pay for losses the other driver caused. That can include medical bills, lost pay, car repairs, and pain and suffering. A first-party claim is different, because it is a claim on your own policy, such as collision or uninsured motorist coverage, where you are the paying customer.
For the general idea, see our earlier page on understanding third-party claims in insurance. For how much the other driver’s policy can pay, read our October 23, 2026, post on third-party injury claims and California’s new minimum limits. This post answers a different question: how the claim actually moves, and what happens when it breaks down.
Who Is Who in a Third-Party Claim
Adjusters and lawyers use these labels quickly and rarely explain them, so it helps to name the players.
- The insured: the at-fault driver who bought the policy.
- The insurer: the at-fault driver’s insurance company. It investigates, decides fault, and decides what to offer.
- The adjuster: the insurer’s employee or agent who handles the file and talks to you.
- The third-party claimant: you, the person who was hurt or whose car was damaged.
Notice who is missing from that list: no one in a third-party claim is assigned to protect your interests. The adjuster may be polite and helpful, but the adjuster’s employer has a contract with the other driver, not with you.
The Other Driver’s Insurer Is Not Your Insurance Company
This is the part that surprises people. When your own insurer mishandles a claim on your own policy, you are a customer with contract rights, but as a third-party claimant you have no contract with the company paying the claim.
That difference matters in practice. The adjuster decides what to offer, but the person whose carelessness you must prove is the other driver, and the policy exists to protect that driver.
So the real target of a third-party claim is the at-fault driver. The insurance company stands behind that driver, but your underlying legal claim is about the driver’s carelessness.
A 2025 Court of Appeal Case Shows How a Simple Claim Can Go Sideways
A published California Court of Appeal decision from June 12, 2025, shows how this plays out. In Mora v. Menjivar (First District, Division One, No. A169997), the facts began with an ordinary crash. The court described a collision in which the plaintiff’s daughter, driving his car, crashed into the other driver “as he allegedly ran a red light.”
The other driver’s insurer, Allstate, accepted liability. According to the opinion, Allstate directed the car owner to take his vehicle to a body shop and wrote a check for $10,511.74 based on repair estimates. The check named the body shop and the owner as payees, but Allstate sent it to the body shop. Someone other than the owner endorsed and cashed it. The owner said the shop never did the repairs, and Allstate refused his request to pay him directly.
What happened next matters to anyone with a third-party claim:
- The owner did not sue Allstate. He sued the other driver and a second defendant. The court explained he did so “with the understanding that ‘a plaintiff in a car accident cannot sue the defendant’s insurer directly, but must instead sue the responsible party defendant.'”
- The defense argued the property damage claim was “settled” because the check had been cashed.
- The defendants then filed a cross-complaint (a countersuit inside the same case) claiming the plaintiff himself “was negligent or otherwise liable,” and asking for indemnity based on his share of fault.
- The plaintiff tried to strike that cross-complaint using California’s anti-SLAPP law, a fast-track motion with a 60-day filing deadline. The Court of Appeal held the motion was late because his supporting memorandum was not filed within that 60-day window, and it affirmed the denial.
The court did not decide who was right about the check or the crash; its ruling was about the deadline. Still, the case is a real example of how a third-party claim works: the insurer controls the money, the lawsuit names the driver, and once a lawsuit starts, the other side can push back with its own claims against you.
Why the Lawsuit Usually Names the Driver, Not the Insurer
When a third-party claim does not settle, the case is filed against the people responsible for the crash. In Mora, that meant the other driver and a second defendant, even though the dispute started with an insurance check.
That setup explains something people find confusing: the insurance company that made the offer may not appear on the court papers at all. And as Mora v. Menjivar shows, once a case is filed, the defense may argue that you share the blame.
Four Habits That Protect a Third-Party Claim
These are practical habits drawn from how these claims work, not promises about any result.
- Ask who each check is payable to and where it will be mailed. In Mora, a check with the owner’s name on it went to a body shop instead of to him.
- Keep repair invoices and photos that show the work was actually done, not only the estimate.
- Get the crash report. Our guide to getting a CHP or LAPD crash report in Los Angeles walks through it.
- Put important requests in writing and save every letter, email, and claim number the adjuster gives you.
None of these habits requires a lawyer; they simply create a clear record, which matters most when a claim stops going smoothly.
Questions People Ask About Third-Party Claims
Is a third-party claim the same as a lawsuit?
No. A third-party claim is a request for payment made to the at-fault driver’s insurer, and it is not a court case. A lawsuit is a separate step, and it is usually filed against the driver, not the insurance company.
Does the other driver’s adjuster have to look out for me?
The adjuster works for the insurer, and the insurer’s contract is with its own driver. You can be treated courteously and still be on the opposite side of the claim, which is why keeping your own records matters.
Can the other driver blame me after I file a claim?
It can happen. In Mora v. Menjivar, the defendants filed a cross-complaint claiming the plaintiff was negligent and asking for indemnity based on his share of fault. Whether that kind of claim succeeds depends on the facts.
When to Call Mines Law Firm
We handle auto accident injury claims, and are accepting clients for those. If you are injured in an auto accident, that is when you should call us at 888-700-0093.
ATTORNEY ADVERTISING. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and prior results do not guarantee a similar outcome. Responsible attorney: Jasmine Mines (State Bar No. 331135), Mines Law Firm, 468 N. Camden Drive, Suite 200, Beverly Hills, CA 90210.