Hit by a Car as a Pedestrian: How the Insurance Claim Works

If you are hit by a car while walking, your medical bills are usually paid by some combination of the driver's insurance and your own household's auto policy, and the order depends on your state. In no-fault states, a pedestrian typically files first with the insurer of the car that struck them, and personal injury protection pays regardless of who caused the crash. In other states, the claim usually goes against the driver's liability coverage, which pays only if the driver is found at fault. Either way, report the crash, get medical care, and put the insurer on notice quickly, because some deadlines are very short.

Why your state's system decides where you start

The National Association of Insurance Commissioners notes that each state must implement either a tort system or a no-fault system, and that the system your state uses determines what kind of insurance is available. That choice shapes a pedestrian claim more than almost anything else.

• No-fault or PIP-based states: personal injury protection on the car that hit you often covers pedestrians, and it pays without anyone proving fault.
• Tort states: you generally make a third-party claim against the at-fault driver's bodily injury liability coverage, and fault has to be established.
• Your own coverage can matter in both: medical payments, PIP, or uninsured motorist coverage on a policy in your household may apply even though you weren't in a car.

How three states spell it out

State regulators describe pedestrian coverage in concrete terms, and the rules differ enough that you should look up your own state's. These examples each apply only in the state named.

New York. The Department of Financial Services' no-fault FAQ says that if you were a pedestrian, you file with the car that struck you. If you don't know which vehicle hit you or it was uninsured, you may file with the insurer of a household relative who had an auto policy, and if there was no policy in the household, with the Motor Vehicle Accident Indemnification Corporation. Written notice must be given as soon as reasonably practicable and in no event more than 30 days after the accident. The FAQ also says you may sue the driver who caused the accident only if you sustain a serious injury as defined in New York's Insurance Law.

Washington. The Office of the Insurance Commissioner lists pedestrians involved in an accident among the people personal injury protection covers, and says PIP applies no matter who is at fault. It lists benefits of up to $10,000 for medical and hospital costs for each person injured. Insurers must offer PIP, but a policyholder can reject it in writing, so a Washington driver may not have it.

Kansas. Kansas law, K.S.A. 40-3107, extends required personal injury protection benefits to other persons struck by the insured vehicle and suffering bodily injury while not an occupant of a motor vehicle.

Your own policy may help even though you were walking

People often forget their own auto policy after a pedestrian accident. The Texas Department of Insurance explains that medical payments coverage pays your and your passengers' medical bills and also pays if you're hurt while riding in someone else's car or while walking or biking. If you or someone in your household has medical payments coverage, ask whether it applies, especially while fault is still being sorted out.

If the driver fled or had no insurance, uninsured motorist coverage on a household policy may be another route. Coverage terms vary by state and policy, so ask your insurer directly rather than assuming it does or doesn't apply.

When fault is disputed

In tort states, the driver's insurer will investigate whether the driver or the pedestrian caused the crash. Some states reduce what you can recover if you share fault, and at least one bars recovery entirely. The North Carolina Department of Insurance explains that the state's contributory negligence law bars a driver from collecting damages if determined to be partially at fault, and that an adjuster determines negligence. If you live in a state with a strict rule like this, evidence about the crash matters a great deal.

• Call police and ask for a report, and write down the report number.
• Get the driver's name, insurer, policy number, and plate number.
• Photograph the scene, the crosswalk or signals, lighting, and your injuries.
• Collect names and phone numbers of witnesses before they leave.
• Keep every medical record, bill, and note of missed work.

Steps that protect the claim

Get medical attention first, even for injuries that seem minor. Then notify the relevant insurers in writing: the driver's insurer, and in a no-fault state the insurer of the car that struck you. Also tell your own insurer if anyone in your household has auto coverage. Ask each insurer what forms it needs and what deadline applies. New York's 30-day written notice rule shows how short these windows can be.

Be careful with statements to the driver's insurer. That company represents its policyholder, not you. Stick to facts you know, don't guess about speeds or distances, and don't sign releases before you understand your injuries. For serious injuries, many people talk with a lawyer before settling.

The bottom line: a pedestrian claim starts with your state's rules. In no-fault and PIP-based states, file with the car that hit you and do it fast. In tort states, the driver's liability coverage pays if fault is shown. In every state, check whether a policy in your own household adds medical payments or uninsured motorist protection.