Can you file a third party claim with the person who hit you even if you’ve filed a first person claim with your isurance?

So I was in a rear-end collision. It was the other persons fault. My car was totaled but my insurance company paid the cash value on my car but it didn’t cover the whole loan. I was wondering how i can get the other inurance comany to pay for the rest of the loan. What exactly do I do? I was reading that you can file a third party claim.

Asked on July 30, 2012 under Accident Law, New Jersey


John Ducey / Law Offices of John G. Ducey,PC

Answered 8 years ago | Contributor

Were you injured as well?  If so it all needs to be in one suit.  For an injury claim you should get an attorney.

If not you can file against the other driver for property damage only but you would only be able to receive the value of the car as well which you already received from your company.  But you may want to call them and make a cliam for the money you are talking about.

I am also guessing that you do not have gap insurance.  If you do that will cover you


John Ducey


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.