Should I File an Insurance Claim for a Pedestrian Accident?

Pedestrian deaths rose 2% in 2022’s first 9 months. Accidents involving pedestrians lead to serious injury or death. Most pedestrians are uncertain whether to file a claim after an accident. It depends on injuries, damage, and liability.

Insurance Covering Pedestrian Accidents

Should I file an insurance claim after a pedestrian accident? 

Whether to file a claim depends on the extent of injuries, property damage, and liability. A driver’s auto insurance generally covers damages, but additional compensation may require legal action if payouts fall short.

According to data estimates from the National Highway Traffic Safety Administration, pedestrian deaths increased by 2% in the first nine months of 2022. This is a growing concern for pedestrians and drivers alike, as accidents involving pedestrians lead to serious injuries or even death.

Most pedestrians in a pedestrian accident are not usually certain if they should file an insurance claim. The answer is that it depends on several factors, including:

• Extent of injuries
• Property damage
• Who is liable for the accident

What Insurance Covers Pedestrian Accidents?

In a pedestrian accident, the driver’s auto insurance should cover any damages to the pedestrian hit by the car. However, the extent of coverage depends on:

• Who is at fault?
• Whether the driver carried the necessary amount of insurance

In Oklahoma, state law requires drivers to have minimum liability insurance coverage. This coverage is in place to protect others, such as pedestrians, in the event of an accident. Specifically, drivers have to carry liability coverage of at least 25/50/25. This means:

• 25,000 for bodily injury or death of one person
• $50,000 for injuries and death of multiple people in the same accident
• $25,000 for any property damage

If a driver is found to be at fault for a pedestrian accident, their liability insurance can help cover a range of costs incurred by the pedestrian.

The following is a list of expenses that a driver’s liability insurance may cover:

•  Medical bills: This includes the cost of medical treatment, such as hospital stays, surgeries, and rehabilitation.
• Long-term medical costs: This covers the ongoing cost of medical treatment, such as prescription drugs or physical therapy that may be required to manage the long-term consequences of an injury.
• Lost income: If the pedestrian is unable to work due to their injuries, their lost income can be covered by the driver’s liability insurance.
• Emotional distress: This includes compensation for mental anguish, anxiety, and other emotional suffering experienced by the victim as a result of the accident.
• Pain and suffering: This refers to the physical and emotional pain experienced by the pedestrian due to the accident.
• Diminished earning potential: If the pedestrian’s injuries prevent them from returning to their previous line of work, their reduced earning potential can be covered by the driver’s liability insurance.

In some cases, the amount of coverage provided by the driver’s liability insurance may not be enough to cover all of the costs incurred by the pedestrian in a pedestrian accident.

In such situations, the pedestrian may file a civil lawsuit against the driver to recover additional compensation.

With a civil lawsuit, the pedestrian can access the driver’s cash or assets to cover the remaining costs of their medical expenses, lost income, and other damages.

This can be a complex and time-consuming process, but it can provide additional financial protection for the pedestrian involved in the accident.

When Should I File an Insurance Claim for a Pedestrian Accident?

If involved in a pedestrian accident, it’s important to file an insurance claim as soon as possible. This should be about 30 days from the date of the accident.

• The timing of filing a claim can impact the outcome of the claim and the ability to recover compensation for damages.

When it comes to pedestrian accidents, there are two types of insurance that may be involved: auto insurance and non-auto insurance.

• Auto insurance is insurance carried by the driver of the vehicle that hit the pedestrian
• Non-auto insurance is insurance carried by the pedestrian

When considering whether to file a claim with your insurance or the driver’s insurance, it’s essential to take into account:

• The specific details of your policy
• The accident

For example, a personal injury protection (PIP) policy may cover medical expenses and lost income, regardless of who was at fault for the accident.

Here are the three specific scenarios when we highly recommend a pedestrian file a claim:

1.     When someone is injured

• In some situations, it may be unclear who is responsible for an accident or incident.
• Filing an insurance claim can clarify who is at fault and solve the issue.
• The insurance company may investigate the incident and determine the responsible party.

2.     When it’s unclear who is at fault 

• In some situations, it may be unclear who is responsible for an accident or incident.
• Filing an insurance claim can clarify who is at fault and solve the issue.
• The insurance company may investigate the incident and determine the responsible party.

3.     When the pedestrian can’t afford to pay for damages 

• If a driver is uninsured or unable to pay for damages incurred due to an accident, filing an insurance claim allows pedestrians to receive the compensation they deserve.
• The insurance company can help cover these costs and provide financial stability during a difficult time.

How Does Filing an Insurance Claim Help?

Filing an insurance claim can protect a pedestrian financially by seeking compensation for damages or losses incurred as a result of another party’s liability. If liability is established against the other party, the pedestrian’s insurance company can help recover costs related to the incident.

The compensation received through an insurance claim can cover expenses such as:

• Medical Bills
• Property Damage
• Lost Income
• Other Costs Associated With The Incident

Therefore, with a claim, pedestrians won’t have to bear the financial burden of these expenses alone.

What Pedestrian Can Do Immediately After Being Hit By a Car

If a pedestrian has been involved in a car accident, it’s essential to know what steps to take immediately following the incident. By taking the right actions, pedestrians can protect themselves, and their rights, as well as gather important evidence that may help recover compensation for any damages or injuries suffered.

Immediately after a pedestrian accident:

• Ensure everyone’s safety, and call 911 if anyone requires medical attention.
• Obtain the contact and insurance information from the driver who hit them and, if applicable, the car’s owner.
• Don’t discuss faults or legal matters with the other party.
• Notify the police and request them to investigate and create a report.
• Take photos of the accident scene, damages, and injuries, and gather information from witnesses.
  
• Notify your insurance company if you have coverage.

Pedestrians Have a Right to Compensation

When a pedestrian has suffered injury after a car accident, especially if it was the driver’s fault, filing an insurance claim is the best way to get them compensated.

Seeking advice from a skilled accident attorney can help maneuver the claim easily.

Contact us or call us at 918-359-6600 for a free consultation.