Auto Insurance And Pedestrian Accidents: Am I Covered?

If you're a pedestrian who's been hit by a car, you may be wondering how to get compensation for your accident-related losses. In most cases, your auto insurance will cover pedestrian personal injuries when a vehicle hits you, but you'll need to check your insurance policy to determine what coverage you carry and your policy limits. Each state sets its requirements for auto insurance, so it's important to understand the specifics of your policy and the laws in your state.

Personal Injury Protection (PIP)

PIP is designed to promptly pay for economic losses, including medical and health expenses, lost earnings, and other necessary costs related to injuries sustained in an accident. This can include household help, transportation to medical providers, and even funeral expenses. The purpose of PIP is to ensure that individuals injured in auto accidents receive swift access to the necessary resources for their recovery and well-being.

The coverage amount for PIP varies, with minimum and maximum limits set by state governments and insurance companies, respectively. For example, in New York, the basic No-Fault coverage provides up to $50,000 per person, while in Florida, the minimum PIP coverage is $10,000. It's important to note that PIP policies have a per-person maximum, meaning that the coverage is limited to a certain amount for each individual if multiple people are injured in a single accident.

While PIP covers medical expenses, it does not include property damage. Additionally, it is important to note that PIP is not a substitute for liability insurance, which covers injuries and property damage caused to third parties. Liability insurance is required in all states, while PIP is mandatory in only 15 states and Puerto Rico.

To summarize, Personal Injury Protection (PIP) is a vital aspect of auto insurance that ensures individuals injured in car accidents, including pedestrians, receive timely financial support for their medical and related expenses, regardless of fault. By providing this coverage, PIP plays a crucial role in mitigating the financial burden associated with vehicle-related injuries and facilitating the recovery process for those affected.

No-fault states

In the United States, there are around a dozen "no-fault states" that require insurance companies to pay for the medical expenses and lost wages of their own policyholders and certain other covered individuals, regardless of who is at fault for the accident. This is also known as personal injury protection (PIP).

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. However, the specifics of coverage can vary from state to state. For example, New Jersey is a "no-fault state", meaning that after you are hurt in an accident, your insurer covers your damages, even as a pedestrian. The minimum PIP coverage in New Jersey is $15,000 per person, per accident. On the other hand, Pennsylvania is a "choice no-fault" state, which means that when purchasing auto insurance, you have the option of having no-fault coverage or choosing "fault-based" coverage, where you retain the right to recover damages from any at-fault parties rather than your insurer.

In no-fault states, the portion of your insurance policy known as Medical Payments or Personal Injury Protection (PIP) could cover payments for your own injuries if you are a pedestrian hit by a vehicle. These coverages are offered in each state, with common limits of $5,000, $10,000, and $25,000. If you have this additional coverage on your auto policy, your insurance will pay out that set amount if you are injured while walking and are hit by a vehicle.

It is important to note that each state sets its own requirements for auto insurance, so it is recommended to check with your insurance provider to understand how your coverage works in your specific state.

Hit-and-run accidents

If you're injured as a pedestrian in a hit-and-run accident, your auto insurance policy might cover you, depending on your insurance type and policy limits. It's important to understand your auto insurance policy so that you are fully protected in an accident.

• Stop the vehicle: If you are the driver, it is important to stop your vehicle and get out to check on the pedestrian. Leaving the scene of an accident is a hit-and-run, which is a crime in every state.
• Prioritize safety: Get any injured people to a place of safety. Do not attempt to administer medical treatment unless there is an obvious emergency and you have the proper training.
• Get medical help: Contact emergency medical services and local law enforcement. Provide truthful statements about how the accident occurred to any first responders.
• Exchange information: If the pedestrian is conscious, exchange names, phone numbers, email addresses, and insurance information. Be careful not to admit fault or make incriminating statements.
• Gather evidence: Take pictures of the accident scene, including crosswalks, traffic signals, vehicle damage, and anything else relevant. Get the names and contact information of any witnesses.
• Report to insurance: Contact your car insurance company as soon as possible to report the accident. Failure to do so promptly may result in a loss of coverage.
• Consult an attorney: If you are facing criminal charges or believe you were wrongfully found at fault, consider consulting a criminal defense attorney or personal injury attorney, respectively.

If you have been injured as a pedestrian in a hit-and-run accident, it is important to review your insurance policy and understand your coverage options. You may be able to file a claim under your own auto insurance policy, depending on the state you live in and the type of coverage you have. Additionally, you may have the option to file a claim with the driver's insurance company, if they can be identified.

Liability insurance

Understanding Liability Insurance

Coverage for Pedestrian Injuries

In most states, the bodily injury liability portion of your auto insurance policy will come into effect if you are at fault for an accident involving a pedestrian. This coverage typically includes medical bills, funeral expenses, and lost income for the injured pedestrian. The coverage limits will depend on the specifics of your policy, so it's important to review your policy details to understand the extent of your liability coverage.

No-Fault States

It's important to note that some states, known as "no-fault" states, have different rules regarding liability insurance. In these states, injured pedestrians can file a claim with their own insurance company, regardless of who is at fault for the accident. This type of coverage is typically referred to as Personal Injury Protection (PIP) or Medical Payments. The minimum PIP coverage limits vary by state, and it's worth checking if this coverage is mandatory or optional in your state.

When Pedestrians Are at Fault

In certain situations, pedestrians may be found partially or fully at fault for an accident. For example, if a pedestrian is jaywalking or crossing the street illegally, they may share some of the blame. In such cases, the liability insurance of the driver may not cover all the expenses, and the pedestrian's insurance could come into play. The handling of shared fault accidents varies by state, with some following a pure contributory negligence rule, while others use a comparative fault approach.

Understanding Policy Limits

It's crucial to understand the limits of your liability insurance coverage. If the damages exceed your policy limits, you may need to explore other avenues to cover the remaining expenses. This could include seeking compensation from the at-fault party's insurance or pursuing legal options to recover damages.

In summary, liability insurance plays a vital role in providing financial protection in the event of a pedestrian-car accident. It ensures that injured pedestrians receive the necessary medical care and compensation, while also safeguarding the interests of the driver. However, it's important to be aware of the specific laws and regulations in your state, as well as the coverage limits and exclusions of your auto insurance policy.

Comparative fault

In the US, auto insurance covers pedestrian injuries in an accident, but the extent of the coverage depends on your insurance type, policy limits, and the state in which the accident occurred.

In some states, the "comparative fault" rule is followed. This 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.

For example, if a pedestrian is found to be 40% at fault for an accident and the driver is found to be 60% at fault, the pedestrian may be able to recover 60% of the damages from the driver or the driver's insurance company.

It's important to note that each state has its own laws and regulations regarding auto insurance and fault determination in pedestrian-car accidents. As such, it's always best to consult with a lawyer or insurance professional to understand the specific rules and regulations in your state.

Factors Affecting Fault Determination

Several factors can affect the determination of fault in a pedestrian-car accident. These include:

• The actions of the driver, such as running a red light or stop sign, failing to yield to a pedestrian in a crosswalk, or driving too fast in a parking lot.
• The actions of the pedestrian, such as jaywalking or crossing the street illegally.
• The presence of any contributing factors, such as obstructed roads or malfunctioning traffic signals.
• The findings of law enforcement officers and insurance companies, who will investigate the accident and determine fault based on the available evidence.

No-Fault States

It's also worth noting that about a dozen states follow a "no-fault" insurance system, where injured individuals must first turn to their own Personal Injury Protection (PIP) insurance for coverage, regardless of who is at fault for the accident. In these states, a driver's PIP insurance will typically cover a pedestrian, unless the pedestrian has their own car insurance policy.

Frequently asked questions