Does car insurance cover hitting a pedestrian?

One of the biggest fears that most drivers face is hitting a pedestrian while they drive.

While having any car accident isn’t high on anyone’s list, at least when you hit a vehicle, the passengers have some level of protection.

However, when you hit a pedestrian, they are completely exposed to your vehicle.

While driving with caution is a good way to avoid hitting pedestrians, there is no complete protection from this type of accident.

If you drive where there are pedestrians, there is always some small risk that you will strike someone, even if you are careful when you drive.

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When can a pedestrian sue if they are struck by my car?

Because lawsuits are civil matters and not criminal ones, anyone can sue you at any time, even if you were found not responsible for striking the pedestrian.

For example, if a pedestrian walks in between two vehicles into the road, he is at fault but can sue you.

Although the person in question may have a more difficult time finding a lawyer to take their case if you weren’t at fault, it isn’t entirely out of the question.

also, no one has to inform you that you are being sued until the time comes to provide you with an “invitation” to court.

The good news is that if the police find the pedestrian at fault for an accident, it is very unlikely that a lawsuit will even be considered by a lawyer.

If a lawyer decides to take the case, it is improbable that the pedestrian will win the case.

What do I do once I learn I’m being sued?

The first thing that you need to do is to contact your insurance company.

In most states, if someone accepts payment from the insurance company for their damages, they are not legally allowed to sue unless there are extenuating circumstances.

You need to let your insurance company know as soon as possible so that you can determine if the person suing has already received a payment from the insurance company.

If you have liability insurance, then you should not have to worry about hiring a lawyer for this case, your insurance company will take care of that end of things.

Your insurance company will most likely offer a settlement to the pedestrian that you hit with your car rather than going to court.

However, in some cases, the insurance company will settle with the person even if you weren’t at fault in the accident. Your rates will be affected by whatever the insurance company pays out.

Insurance companies will sometimes do this because they feel that hiring lawyers and going to court will be far more expensive than any settlement that they can negotiate.

If this happens to you, it will be in your best interest to change insurance companies.

How much will my insurance cover for the lawsuit?

The insurance company will pay the maximum amount of liability coverage that you have and no more.

If you choose the lowest amount required by your state, then it is possible that you will also have to pay money towards the lawsuit, especially if it goes to court because the pedestrian won’t settle the car insurance claim out of court.

Therefore when you purchase insurance, most insurance companies recommend that you purchase more than your state’s minimums.

You can increase your coverage at any time before an accident, but if you increase your minimums and maximums after an accident, they will only apply to future incidents, not one that has already occurred.

If you aren’t sure if you can afford an increase in your rates because you increase your coverage, ask yourself what you can afford to be sued after hitting a pedestrian.

Drivers and pedestrians should be extra cautious to avoid accidents, especially in any of the 10 most dangerous states for pedestrians.

Of course, you should check with multiple car insurance companies to ensure you get the lowest rates for your insurance too. Get FREE car insurance quotes right now by entering your ZIP code!

Case Studies: Car Insurance Coverage for Pedestrian Accidents – Real-life Examples

Case Study 1: Liability Insurance Coverage

John was driving through a busy city street when a pedestrian suddenly darted in front of his car. Despite his best efforts to brake, John couldn’t avoid hitting the pedestrian. The pedestrian suffered severe injuries and decided to sue John for medical expenses and damages. Fortunately, John had liability insurance coverage as required by his state.

His insurance company took care of the legal proceedings, hiring a lawyer to defend John in court. The liability coverage paid for the pedestrian’s medical bills and provided compensation for damages, ensuring John was protected from personal financial liability in the lawsuit.

Case Study 2: Uninsured/Underinsured Motorist Coverage

Sarah was crossing the street in a crosswalk when she was struck by a hit-and-run driver. The driver fled the scene, leaving Sarah injured and with no information about their identity. Sarah had uninsured/underinsured motorist coverage as part of her car insurance policy. She reported the accident to her insurance company, which treated the incident as a hit-and-run involving a pedestrian.

Sarah’s insurance company covered her medical expenses and provided compensation for her injuries, even though the responsible driver was unknown. The uninsured/underinsured motorist coverage ensured Sarah received the support she needed despite the absence of the at-fault driver.

Case Study 3: Personal Injury Protection/Medical Payments Coverage

Mark accidentally hit a pedestrian while driving in a residential neighborhood. The pedestrian suffered multiple fractures and required immediate medical attention. In addition to liability coverage, Mark had personal injury protection (PIP) or medical payments coverage as part of his car insurance policy.

These coverages helped pay for the pedestrian’s medical expenses, including hospital bills, surgery costs, and rehabilitation fees. PIP/Medical payments coverage ensured that the pedestrian received necessary medical treatment promptly, without having to rely on their own health insurance or personal funds.

Case Study 4: Comprehensive Coverage

Emily parked her car on the side of the road, and while she was away, a tree branch fell and damaged her vehicle. Unbeknownst to Emily, a pedestrian passing by the parked car was hit by the falling branch and sustained injuries. The pedestrian decided to hold Emily responsible for the accident and filed a lawsuit.

Emily’s comprehensive coverage, which protects against non-collision incidents, including falling objects, came into play. Her insurance company handled the legal proceedings and compensated the pedestrian for their injuries, as well as covered the cost of repairing Emily’s vehicle.

Comprehensive coverage proved essential in protecting both Emily and the pedestrian from financial consequences in this unusual accident scenario.