Attorney Michael L. SaileWhether you are crossing the street or standing on a sidewalk, an accident as a pedestrian can cause serious trauma and physical damage that requires expensive treatment. Many victims of these accidents ask, “Does my car insurance cover me if I was injured as a pedestrian?”
In most instances, your auto insurance will cover your injuries when a vehicle hits you as a pedestrian. Check your insurance policy to determine what coverage you carry and your policy limits. If you are hit by a car as a pedestrian, an attorney with Cordisco & Saile can help you navigate your options and pursue the compensation you deserve.
Auto Insurance That Covers Pedestrians
Every state sets requirements for auto insurance, and understanding your coverage is vital when filing a pedestrian hit-by-car insurance claim. Pennsylvania is a so-called “no-fault” state, so each driver’s insurance company is responsible for covering their financial losses regardless of who caused the accident or whether they violated any pedestrian laws. Personal injury protection, or PIP, also known as medical payments coverage, covers your medical costs and some lost wages, but many drivers only carry the minimum amount, which is $15,000 per person per accident.
When you purchase an auto insurance policy, you must also choose between limited and full tort insurance. While limited tort coverage limits the compensation you can seek from an at-fault party and their insurer, pedestrians are exempt from this limitation. Regardless of your choice, you are entitled to full tort damages if you suffer injuries as a pedestrian.
If PIP doesn’t fully cover your financial losses, you can recover the excess damages from the at-fault driver’s insurance. In addition, PIP does not cover any non-economic damages, like pain, suffering, and emotional distress. Those are only recoverable in a claim against the at-fault party or through an uninsured or underinsured motorist claim with your own insurer.
Other Options to Pay for Your Injuries After a Pedestrian Accident
If you have exhausted your PIP coverage and still have excess medical expenses or have suffered any non-economic losses, you might be able to pursue other potential avenues for compensation, including uninsured and underinsured motorist coverage. These options offer further protection for victims of pedestrian accidents.
Uninsured and Underinsured Motorist Coverage
If you were hit by an uninsured or underinsured driver in a car accident in Bethlehem or other areas throughout Pennsylvania, you might be able to pursue a claim under your own uninsured or underinsured motorist coverage, also known as UM/UIM. Such coverage is optional in Pennsylvania. UM covers you if the at-fault driver is uninsured. UIM covers you if you collect the full amount of the at-fault driver’s insurance and still have excess damages. This coverage is especially useful if the driver fled the scene, leaving you unable to file a claim under their policy. Because UM/UIM coverage is optional, check with your insurance agent or attorney to determine if you carry it.
Filing a Lawsuit
You can file a claim under the at-fault driver’s liability insurance. If the driver’s insurer refuses to offer a full and fair settlement or the driver is uninsured, you can file a lawsuit against them. A lawsuit is beneficial if your PIP isn’t enough to cover all your losses. An experienced attorney can help you determine what specific damages you can claim, but they often include medical expenses, lost wages, and pain and suffering.
Additional Factors to Consider
Pedestrian accident compensation claims are complex, and your case’s details will ultimately determine your route. Your options might depend on the type of vehicle that hit you. For example, if a bicycle driver collided with you as a pedestrian, your paths to compensation might be more limited. However, you may still be able to file a claim with the bicyclist’s insurance company or pursue a claim under your own policy.
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Can a Family Member File a Liability Car Insurance Claim for a Pedestrian Death?
Yes, family members can often pursue a wrongful death claim if their loved one has died as a result of a pedestrian accident. This is generally an option for an immediate family member, such as a spouse, child, or parent.
Wrongful death compensation generally covers final medical bills, funeral expenses, loss of income, loss of financial support, and loss of the deceased’s guidance, companionship, and comfort. The surviving spouse may also be entitled to recover for loss of consortium.
Legal Options After a Pedestrian Accident in Pennsylvania
The nature of pedestrian traffic accidents means that injuries are often severe—if not fatal. Pedestrians often suffer multiple fractures, brain injuries, spinal cord injuries, and dismemberment.
As a result, chances are high that a $15,000 PIP policy will not cover all your medical bills and lost wages. It won’t cover your pain and suffering and other non-economic damages. Knowing what alternative sources of compensation are available is critical, and speaking to a pedestrian accident lawyer is the best way to determine your legal options and file a bodily injury claim for a car accident.
If you suffered injuries as a pedestrian, you might ask, “Does car insurance pay for pedestrian incidents?” The attorneys at Cordisco & Saile have all the answers you need. Our award-winning team has won more than $100 million for clients like you. We recognize how stressful a pedestrian accident can be and try to remove as much stress from the process as possible.
Contact us online or at 215-642-2335 for a free consultation.
Serving as a personal injury attorney in Pennsylvania, Michael Saile has been honored as both a Brain Injury Top 25 Lawyer by National Trial Lawyers and a 2024 Super Lawyer. He earned his J. D. at Widener University School of Law where he was a member of the Moe Levine Trial Advocacy Honor Society. Saile is also the author of two publications titled “Not Another Bad Lawyer” and “Don’t Crash Again”.
