Does Car Insurance Cover If You Hit a Pedestrian?

If you're involved in a collision with a pedestrian, your car insurance can help cover the costs. This is because most states require drivers to carry liability insurance, which covers damages to others in an accident. In many states, this includes pedestrians.

Your insurance company will likely send an adjuster to assess the damage and determine the extent of the pedestrian's injuries. They'll also consider the circumstances surrounding the accident, such as speed and fault.

The type and amount of coverage you have will determine how much of the costs are covered. For example, if you have a $100,000 policy limit, that's the maximum amount your insurance will pay out.

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If you hit a pedestrian, their medical expenses will be covered by your No-Fault insurance, up to $50,000 in personal injury protection (PIP). This includes ambulance service, diagnostic tests, surgery, doctor's fees, and prescription medication.

You'll need to file a claim within 30 days of the accident and submit proof of medical expenses within 45 days. No-Fault benefits will cover 80% of the pedestrian's lost wages, up to a maximum of $2,000 per month.

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However, if the pedestrian was seriously injured, they may pursue a bodily injury claim, which requires proof of a serious injury, such as a fracture, loss of a fetus, or permanent loss of use of a body organ. The pedestrian must also incur more than $50,000 in economic damages.

If the at-fault driver's liability insurance is insufficient to cover the pedestrian's losses, the pedestrian's own uninsured motorist or underinsured motorist coverage may apply. This protection will cover the pedestrian's losses if the at-fault driver carries no insurance or insufficient coverage.

Here are the types of losses that can be covered by liability car insurance after a pedestrian's death:

Filing a claim or lawsuit can be a complex process, but it's essential to understand your options after hitting a pedestrian.

If the at-fault driver's liability insurance refuses to offer a full and fair settlement, you can file a lawsuit against them. This is beneficial if your Personal Injury Protection (PIP) isn't enough to cover all your losses.

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You can file a claim under the at-fault driver's liability insurance, which may cover medical expenses, lost wages, and pain and suffering.

A representative of the deceased pedestrian's estate, or a surviving loved one, can file an insurance claim with the driver's car insurance company under their liability coverage.

In most situations, if an at-fault driver causes a pedestrian's death, an insurance claim can be filed with the driver's car insurance company by a representative of the deceased pedestrian's estate, and/or a surviving loved one.

If you have exhausted your PIP coverage and still have excess medical expenses or non-economic losses, you might be able to pursue other potential avenues for compensation, including uninsured and underinsured motorist coverage.

If the at-fault driver is uninsured, you can still try to get compensation for the pedestrian's death, but the chances of actual financial recovery might be pretty low.

Here are some common types of damages that can be claimed in a lawsuit:

Liability car insurance is required in almost every state, and it's designed to cover damages stemming from a car accident that was the policyholder's fault.

Bodily injury liability car insurance kicks in when the vehicle owner causes a car accident, and someone is injured or killed as a result of the crash. This type of insurance covers medical bills, lost income, pain and suffering, and funeral expenses.

To establish fault for a vehicle accident, it's necessary to prove negligence, which can be shown by locating, analyzing, and framing evidence from various sources, including police reports, witness statements, and traffic laws.

In almost every state, vehicle owners are required to purchase bodily injury liability car insurance to register their vehicle.

The goal of a car insurance claim against the at-fault driver's insurance company is to seek fair compensation for all resulting losses, including medical treatment costs, financial support, mental and emotional impact, and burial and funeral expenses.

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Liability car insurance dollar limits are often fairly low, and in some states, like California, the minimum bodily injury liability insurance is only $15,000 for situations where one person is injured or killed in an accident.

In situations where the at-fault driver carries only the minimum liability insurance, it's not hard to see how that insurance alone might not be enough to cover the losses suffered by the loved ones left behind.

If the pedestrian carried their own car insurance policy, and that policy included uninsured motorist or underinsured motorist coverage, that protection will apply if the at-fault driver carries no car insurance or their coverage isn't enough to cover the losses.

In some states, like Pennsylvania, drivers are required to carry personal injury protection (PIP) coverage, which covers medical costs and some lost wages, but many drivers only carry the minimum amount.

Even with PIP coverage, pedestrians may still be able to recover excess damages from the at-fault driver's insurance.

If there's no available coverage at all, options for trying to get compensation for the pedestrian's death may still exist, but the chances of actual financial recovery might be low.

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Here's a summary of the types of losses that may be covered in a liability car insurance claim:

The types of losses that may be covered can vary depending on the state's wrongful death laws.

In some states, like New York, pedestrians who are hit by a car, taxi, truck, or other motor vehicle are automatically eligible for No-Fault benefits, which provide up to $50,000 in personal injury protection (PIP) for medical expenses and a portion of lost income.

If the driver who hit a pedestrian is uninsured or underinsured, the pedestrian's own car insurance policy might apply. This is because many policies include uninsured motorist or underinsured motorist coverage, which kicks in when the other driver doesn't have enough insurance to cover the pedestrian's losses.

In no-fault car insurance states, the vehicle owner's PIP insurance will automatically cover a pedestrian's funeral expenses, which can range from $2,000 in New York to $5,000 in Florida.

If the pedestrian was killed in an accident, their family might be entitled to "death benefits" under the PIP policy, which can help cover funeral and burial expenses.

Here's a breakdown of the "death benefits" available in some no-fault states:

In most states, the at-fault driver's liability insurance will cover a pedestrian's death, including funeral and burial expenses, as well as other losses such as medical bills and lost income.

If the driver at fault for a pedestrian's death has no car insurance or doesn't have enough coverage, the pedestrian's own car insurance policy might apply. This is known as uninsured motorist coverage.

If the pedestrian carried their own car insurance policy with uninsured motorist coverage, that protection will apply if the driver at fault for the accident carries no car insurance or their coverage isn't enough to cover the pedestrian's compensable losses.

Report the accident to the insurance company whose policy covers the pedestrian who was killed. This is usually the pedestrian's own car insurance policy, but it could be a family member's policy that also extends to cover the pedestrian.

In most states, uninsured/underinsured motorist coverage can't exceed the amount of the policyholder's liability coverage. This means there are still coverage limits in place, even with an uninsured or underinsured motorist claim.

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In no-fault car insurance states, vehicle owners are required to carry a minimum amount of personal injury protection (PIP) coverage, which includes death benefits for pedestrians killed in an accident.

Under New York's no-fault car insurance system, pedestrians injured by motor vehicles are covered under the vehicle owner's insurance, and their estate is entitled to a $2,000 "death benefit" from the vehicle owner's coverage.

In Florida no-fault car insurance, pedestrians are also covered, and the executor or administrator of the deceased person's estate, or the deceased person's relatives, can receive $5,000 in "death benefits" under the policy of the driver involved in the accident.

Bodily injury liability car insurance, required in almost every state, also covers funeral and burial expenses when the vehicle owner causes a car accident that results in a pedestrian's death.

The cost of burial and funeral expenses is one of the losses that an insurance company will consider when making a settlement offer after a pedestrian's death.

In some states, like California, the minimum liability coverage for situations where one person is injured or killed in an accident is as low as $15,000.

Here's a comparison of death benefits in no-fault states: