There are several factors that go into determining how a pedestrian that has been hit by a car might be compensated. Generally, compensation depends on the insurance of both parties. The defendant’s assets, the extent of the pedestrian’s injuries, and their contributions to the car accident will also play a role.
The different kinds of car insurance
The most likely source from which an injured pedestrian will receive compensation is through car insurance. In every state but New Hampshire and Virginia, a driver is required to have some form of insurance. Most states also require that insurance companies offer underinsured or uninsured motorist coverage. This form of protection ensures that if the driver who causes a car accident is underinsured, the plaintiff’s insurance company will make up the difference.
Twelve states, including Puerto Rico, have “no fault” laws in place, though the rules vary from state to state. Typically, if the damage caused in the car accident is under a certain amount, the plaintiff’s insurance is required to pay the claim. Provided there are no serious injuries, this means that no lawsuits can be brought against the defendant.
When it comes to medical bills, the first place a pedestrian should turn to is their health insurance, assuming they have a policy. It is often up to the insurance company to seek reimbursement from a responsible car insurance company for the pedestrian’s expenses. Another thing to consider is if the pedestrian was working at the time of the accident. If the pedestrian was on the clock at the time, a worker’s compensation carrier might be obligated to compensate them as well.
The insured and uninsured pedestrian
There is an added bonus in many states called a standard UIM system or a no-fault system. A pedestrian who has car insurance can still get compensation, even if they weren’t driving at the time of the accident. However, in some no-fault states, an insured pedestrian may be required to cover costs up to a certain limit, regardless of the driver’s coverage. In all other states, if the driver is at fault in the accident, their insurance will provide compensation, assuming the driver actually has a policy. If the driver does not have insurance, then the pedestrian’s uninsured motorist or no-fault coverage will compensate their losses.
If the driver is insured, a pedestrian who is uninsured in any state can be compensated by the driver’s insurance company. If the driver is uninsured or has no other assets, then an uninsured pedestrian may be out of luck.
When the pedestrian holds fault for the car accident
Different states may have varying ways of dealing with a case where both parties are at fault. In a no-fault state, if a pedestrian caused or helped cause the car accident, they may still be eligible for some compensation. They could be compensated by their insurance company or the driver’s company up to certain limits.
In other states, if the pedestrian is found to be mostly responsible for the accident, the driver’s insurance may not have to pay their damages. Whether or not the pedestrian can be compensated through their own car insurance depends on the kind of policy they have.
Car insurance has limitations
With uninsured motorist insurance coverage, or in no-fault states, mandatory coverage can be quite low. It also often excludes any compensation rendered for pain and suffering. In many no-fault states, insurance will only pay up to a certain amount for lost income or medical bills. Once that limit is reached, the pedestrian or their health insurance company must collect the remainder of costs from the defendant or their insurance agency.
If a pedestrian suffers broken bones, is disfigured, or is killed in a car accident, compensation must be collected from the defendant or their insurance company. This can be accomplished through a car accident lawsuit for pain and suffering.
Car accident attorneys In Amarillo and Lubbock, Texas
If you were injured after being struck by a vehicle, contact Attorney Dean Boyd today. Hiring a personal injury lawyer will help you navigate the legal process and get the compensation you deserve. You can call us at (806) 242-3333 or Contact Us by email to learn more about our Services. You can also visit our office at 4423 SW 45th Ave in Amarillo, Texas or 5012 50th St #103 in Lubbock, Texas for more information about how we can help you.