Q:  Does my car insurance cover me in a pedestrian accident?

In 2015, there were 9,067 reported pedestrian crashes and 607 pedestrian fatalities in Florida, according to Florida’s Integrated Report Exchange System. Of these incidents, 652 crashes and 38 fatalities occurred in Orange County alone. If you suffer injuries in a pedestrian accident, you may need to use your own car insurance to cover your damages.

Pedestrian Accidents Covered by Insurance

Your own health insurance should pick up your immediate emergency bills. Most insurance plans require an ER copay and then adjust the remaining care as contracted with the hospital. If you are required to stay overnight and longer in the hospital, your insurance will have contracted rates for extended stays under your hospital coverage policy.

Additionally, if you have car insurance of your own, your personal injury protection (PIP) coverage should help pay your damages, even though you were not in a vehicle at the time of the accident. If you have uninsured motorist (UIM) coverage, this type of insurance will help if the driver who struck you flees the scene or has no insurance.

Reporting Injuries and Filing a Claim Beyond Your Own Insurance

Your car insurance will only cover injury claims made within the first 14 days after the accident. Your health insurance, on the other hand, will cover your injuries regardless of the time you seek medical care. Therefore, it is important that you seek medical evaluation and treatment as soon as possible. Recent PIP laws also cap minor injury damages at $2,500 and only allow higher recovery if your injuries are severe.

Florida's no-fault car accident laws require that you file an injury claim with your own insurance policy and do not allow you to seek compensation from the other party involved. This rule does not apply if one of the following has occurred:

  • A doctor considers your injuries to be permanent.
  • Your injuries result in the significant or permanent loss of an important bodily function.
  • Your injuries result in severe permanent disfigurement or scarring.
  • Death of an involved party

In these four cases, the injured pedestrian or the surviving spouse or child of the deceased has a right to file a legal claim against the driver for damages beyond the pedestrian's insurance policy limits.

Seeking Compensation from a Pedestrian Accident in Florida

While your medical insurance does not require proof of how your injury occurred to cover your medical costs, you should seek legal help if you are filing a claim with your car insurance. As stated above, Florida's PIP laws prevent most claims over $2,500 unless there is evidence of the severity of your injuries, which can make receiving compensation very difficult.

An Orlando car accident attorney from the Francis Law Group can help you argue your right to full compensation or your right to seek a legal claim against the other driver for severe or permanent injuries.

The Francis Law Group serves the Orlando area and helps pedestrians hit by vehicles recover compensation for their injuries. Fill out our contact form or call us directly at 407-363-9939 to schedule a free consultation regarding your right to recover damages after a serious pedestrian accident.