Auto Insurance And Pedestrian Injuries: Understanding The Coverage

If you are a pedestrian involved in a collision with a vehicle, your auto insurance will usually cover your injuries. However, the extent of your coverage will depend on your insurance type and policy limits. In most states, the bodily injury liability portion of your insurance will cover medical bills and related expenses if you are at fault for the accident. In other states, injured pedestrians may be covered through the driver's auto insurance or their own Personal Injury Protection (PIP) coverage. It is important to review your insurance policy to understand your coverage and policy limits.

No-fault states

In the United States, about a dozen states follow a "no-fault" insurance system. In these states, anyone injured in a car accident must first turn to their own "personal injury protection" (PIP) insurance, regardless of who is at fault for the accident. PIP coverage is mandatory in no-fault states but optional in other states.

However, pedestrians, unlike drivers, are not required to have PIP insurance. Some no-fault states, such as New Jersey, cover injured pedestrians with no available coverage of their own under the driver's PIP insurance, even if the pedestrian caused the accident. In other no-fault states, uninsured pedestrians can make a claim for compensation from a government fund.

Pennsylvania is a "choice no-fault" state, which means that when purchasing an auto insurance policy, one can choose no-fault coverage or fault-based coverage, in which they retain the right to recover damages from any at-fault parties instead of their insurer.

Tort states

In the US, most states follow a traditional tort liability system, which allows individuals to recover compensation when a motor vehicle accident caused by someone else's misconduct or negligence injures them. Generally, all drivers of motor vehicles are required to carry insurance in case they cause an injury to someone else. However, several states require automobile owners to opt into "no-fault insurance", while others follow an "add-on" system.

No-fault insurance limits an accident victim's ability to seek compensation from other drivers involved in a car accident. The policyholder's insurance company will reimburse their economic damages without proof of fault, but in exchange, the driver may be restricted in their ability to sue the at-fault driver. They may only be able to recover non-economic damages from the at-fault driver if their injuries are considered catastrophic or they have already incurred substantial medical bills. A few states allow residents to choose between a traditional tort system and a no-fault system.

In states that follow traditional tort liability principles, a plaintiff can only recover damages if they can prove the defendant's fault. Most cases turn on proving negligence, which requires the plaintiff to prove the defendant's duty to the plaintiff, the defendant's breach of duty, actual and proximate causation, and actual damages. Generally, all drivers on the road owe a duty of care to other drivers and pedestrians. This duty of care is to drive as a reasonable person would to avoid foreseeable injuries to others. Breaches of duty would include driving under the influence of alcohol, talking or texting on the phone while driving, driving while fatigued, and any other activity that takes a person's attention away from the road or violates a traffic rule.

If a pedestrian shares fault for a traffic accident, how this will affect an injury claim against the driver depends on the state. Some states follow a "pure contributory negligence" rule, which means that if the pedestrian contributed in the slightest to the accident, they cannot recover damages from the driver or the driver's auto insurance company in court. Other states follow a "comparative fault" rule, which means that a pedestrian can recover some damages even if they were partly at fault, although when the pedestrian's share of fault exceeds the driver's, recovery of damages from the driver might not be possible.

Personal Injury Protection (PIP)

In a no-fault state, if a policyholder is injured in a car crash, their policy pays for their medical care, regardless of who caused the accident. Policyholders with PIP coverage can receive benefits even if the other driver doesn't have insurance. PIP coverage also often provides payments for lost income, childcare, and funeral expenses related to the accident.

In most no-fault states, a driver's PIP insurance will also cover a pedestrian hit by the insured vehicle, unless the pedestrian has their own car insurance policy. In some no-fault states, injured pedestrians without their own coverage are covered by the driver's PIP insurance, while in other states, uninsured pedestrians can make a claim for compensation from a government fund.

PIP auto insurance is required in 15 states and Puerto Rico, including New York, New Jersey, and Pennsylvania. The minimum coverage requirements are set by state governments and can vary. For example, the minimum PIP coverage in Pennsylvania is $15,000 per person, while New York's basic No-Fault coverage provides up to $50,000 per person.

Compensation

If you are a pedestrian who has been hit by a car, you may be entitled to compensation for your accident-related losses, also known as "damages". The first step towards receiving compensation is to determine who is responsible for your damages. In most cases, the insurance of the person at fault for the accident will pay for your damages.

Who is responsible for damages?

In a pedestrian accident, one or more of the following parties may be responsible:

• The drivers of all cars involved, whether or not they actually hit you.
• The owners of all cars involved, if different from the drivers.
• The employer of a driver if the driver was on company business at the time of the accident.
• Anyone who contributed to the accident, such as a property owner who obstructed the road or a government agency that failed to maintain a traffic signal.
• Your own auto and health care insurers.

Filing an Insurance Claim

When you are hit by a car, the driver of the car that hit you is often, though not always, at fault for the accident. Nearly all states require drivers and car owners to carry a minimum amount of insurance to drive and register vehicles lawfully. If you are crossing the street in a marked crosswalk and are hit by a speeding car, the driver is negligent and liable for accident-related losses. You will file a claim with the driver's insurance company and the car owner's insurance company if they are different.

You may receive a settlement offer from an insurance adjuster right away, or you may need to negotiate to get full compensation. If the insurance company denies your claim, you may need to file a personal injury lawsuit.

You can use your own health insurance to pay for treatment for your pedestrian accident injuries. However, if you receive a settlement from the at-fault party's insurer, you may have to repay your health insurance company for the bills they covered.

You may also have the option of paying your medical bills through your own car insurance coverage, such as medical payments coverage (MedPay) or personal injury protection (PIP).

If the driver or another at-fault party flees the scene or doesn't have insurance, you can file an underinsured or uninsured motorist coverage (UIM) claim if you have purchased UIM coverage.

No-Fault Insurance

About a dozen states follow a "no-fault" insurance system, meaning that everyone injured in a car accident must first turn to their own "personal injury protection" (PIP) insurance, regardless of who is at fault for the accident. However, pedestrians are not required to have PIP insurance. Different states handle this situation differently. In some no-fault states, injured pedestrians with no available coverage of their own are covered by the driver's PIP insurance. In other states, uninsured pedestrians can make a claim for compensation from a government fund.

Filing a Lawsuit

If you are unable to get fair compensation in your pedestrian accident case, you may need to file a civil lawsuit. Each state has a limit on the amount of time you have to file a personal injury lawsuit, called the "statute of limitations". A handful of states have very short limits of only one year from the date of the accident to file a claim. Injury claims against the government are also very time-sensitive.

No two pedestrian accident cases are the same, so it is not possible to predict how much a case is worth or look at average settlements or payouts. However, pedestrians typically ask for compensation for accident-related losses such as medical bills (past and future), lost income (past and future), and pain and suffering (mental and physical). If a pedestrian dies as a result of an accident, the survivors can file a wrongful death lawsuit and get compensation for things like funeral and burial costs and the loss of care and guidance.

Shared Fault

In some cases, pedestrians may be partially to blame for an accident. For example, a jaywalking pedestrian might share fault for an accident. States typically handle shared blame accidents in one of three ways:

• Contributory negligence: If an injured person contributed even slightly to an accident, they cannot get compensation.
• Pure comparative negligence: An injured person can recover damages reduced by their level of fault.
• Modified comparative negligence: An injured person can recover if their percentage of fault was below a certain amount (usually 50% or 51%).

Liability

In the case of a pedestrian being hit by a car, the driver of the car is often, though not always, at fault for the accident. If the driver is at fault, the injured pedestrian can file a claim against the driver's or vehicle owner's auto liability insurance policy. This is dependent on the insurance policy details and who caused the accident.

If the driver is not insured or flees the scene, the injured pedestrian can file an underinsured or uninsured motorist coverage (UIM) claim if they have purchased UIM coverage.

In some states, a "`no-fault` insurance system is in place, where everyone injured in a car accident must first turn to their own `personal injury protection` (PIP) insurance, regardless of who is at fault." In these states, injured pedestrians without their own PIP insurance may be covered by the driver's PIP insurance or may be able to make a claim for compensation from a government fund.

In some cases, pedestrians may be partially or entirely at fault for the accident, for example, if they were jaywalking or crossing the street illegally. In these cases, the driver may not be held liable, and the pedestrian may have to cover their own accident-related expenses.

It is important to note that each case is unique, and determining liability and receiving compensation can be complex. Consulting with a lawyer who specializes in pedestrian-car accidents can be helpful in understanding your rights and options.

Frequently asked questions