If you have uninsured motorist (UM) or underinsured (UIM) motorist coverage as part of your insurance policy, then your insurance may cover damages even when you are a pedestrian. When a vehicle in Pennsylvania hits a pedestrian, knowing how to recover damages for medical expenses can be confusing, especially as there is a plethora of different recovery routes.
If you were partly to blame for the accident – such as by breaking the PA law for jaywalking – then your options for recovery may be restricted.
Who pays for pedestrian damages in the event of an accident?
The bodily injury liability insurance of the owner of the vehicle that hit you should pay for your injuries in the event of a pedestrian accident. The minimum limit that a driver is required to carry per person is $15,000, meaning that you may be able to recover up to $15,000 in bodily injury liability assuming the driver has insurance.
Another way that you may be able to recover compensation is through medical benefits insurance, either under your policy or the policy of the driver who hit you. Medical benefits coverage is a required coverage type in Pennsylvania, in an amount no less than $5,000.
When a Driver is Uninsured or Underinsured
First you will file a claim with the driver’s insurance. If the driver’s coverage is not enough to pay for the total cost of your injuries, or if the driver doesn’t have insurance at all, then UM/UIM pays you.
You can purchase UM and UIM in varying amounts. The more UM/UIM you have, the more than will be available in the event that you’re involved in an accident with a driver without enough/any insurance.
Full Tort vs. Limited Tort in Pennsylvania
Drivers in car accidents that do not incur serious injuries and have not purchased full tort car insurance are unable to file a lawsuit to recover damages; this is called limited tort. However, pedestrians in Pennsylvania are automatically awarded full tort privileges.
Full tort means that if a driver is uninsured or underinsured and you need financial compensation to pay for your injuries, you can file a civil claim for damages.
Contact a Pennsylvania Pedestrian Accident Attorney to Learn More
If an uninsured or underinsured driver hit you, you can recover damages through your insurance coverage. Additionally, you are allowed to file a personal injury claim. To learn more about a pedestrian’s full tort rights, call Cordisco & Saile LLC today at 215-642-2335.