Whose Insurance Pays if You’re a Pedestrian Hit By a Car?

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Pedestrians face a number of possible dangers while traveling Florida roads. Injuries that occur when a car or larger vehicle strikes a person are often serious and life-threatening and, in many cases, drain insurance coverage for an injured pedestrian.

At Eltringham Law Group, our Fort Lauderdale pedestrian accident lawyers can assist those injured by a car with gaining compensation for medical bills, lost wages, and the cost of future medical care. Contact us to request our skilled and aggressive legal representation.

How Does Insurance Cover Pedestrian Accidents in Florida?

When a pedestrian hit by a car experiences life-changing injuries, they or their loved ones may wonder whether they file a pedestrian accident claim with the driver’s insurance company or if their own policy covers the cost of medical bills and lost wages. The answer can be both.

Generally, Florida’s laws govern how the injured party proceeds.

Florida is a no-fault state, which means injured victims struck by a motor vehicle can first turn to personal injury protection benefits (aka PIP) under their own automobile insurance (if they have it) to cover some of the costs caused by the pedestrian accident. PIP coverage typically covers up to $10,000 in medical bills and lost wages; however, such policies usually do not cover these losses completely, and in most cases, the cost of injuries to victims of a pedestrian accident usually exceeds this amount. If the injured pedestrian does not own or have a registered automobile in Florida that requires PIP coverage, you may be eligible to claim PIP benefits under a resident relative in your own home or even the at-fault driver’s PIP in some cases.

What Are Common Pedestrian Injuries?

Pedestrians usually experience serious injuries when a car hits them. The sheer weight of a vehicle, combined with the force of the strike, can result in permanent trauma, including:

  • Loss of a limb
  • Traumatic brain injuries
  • Severe soft tissue trauma
  • Spinal cord injuries that lead to partial or complete paralysis

Severely injured individuals who drain their PIP insurance almost right away still have options to pursue compensation for getting hit by a car.

Can Injured Pedestrians File a Claim With the Driver’s Insurance?

When injured pedestrians exhaust their PIP insurance but need further medical care, they may be unsure if they can turn to the driver’s insurance to cover those costs. Because Florida is a no-fault state, state law requires that injured individuals use their own insurance company and PIP. Again, if the injured pedestrian has an automobile insurance policy with PIP coverage.

Many pedestrians find that the cost of medical treatment and lost wages quickly eclipse their available PIP benefits. In this case, they have the option to file a bodily injury claim against the driver. Our attorneys can assist injured pedestrians with filing a claim and representation as the case moves forward.

How Do Injured Pedestrians Benefit From Legal Representation?

People who suffer severe injuries after getting hit by a car may believe that the driver of the car or some other entity, such as the city or state government, acted negligently and caused the accident. Once they decide to move forward, speaking to our attorneys can provide them with a variety of benefits.

Bringing experience with Florida PIP law

Our attorneys can provide injured pedestrians with assistance regarding PIP state laws and what rights they have after the exhaustion of those funds. They understand that each case carries individual circumstances and concerns and that most injured people require guidance regarding state Florida personal injury law recently revised by the governor in March of 2023, according to the American Bar Association.

Examining the crash scene

As our attorneys move forward with a pedestrian accident claim, they review the scene of the accident and gather possible evidence that supports a claim that the driver of the vehicle acted negligently and caused injuries. The position of the vehicles and the location of the victim’s injuries can provide significant evidence of how the crash happened and why.

Speaking to witnesses

Our attorneys can gather the names of witnesses from a police report and speak to them regarding what they saw on the day of the accident. Eyewitness accounts may include important information, such as whether the driver of the car was speeding or hit the victim while trying to beat a red light. This type of evidence can help meet the burden of proof during court proceedings.

Valuing losses

Our pedestrian attorneys carefully review cases to assign a dollar amount to any injuries clients experience after a pedestrian accident. This includes the cost of any future care they may require, such as physical therapy or surgeries to repair internal injuries, which occur often in these types of crashes.

We Offer Legal Assistance for Pedestrian Accident Victims in Florida

Our attorneys at Eltringham Law Group can assist those living with injuries from pedestrian accidents and offer representation and protection from the insurance company’s representatives. If you were hurt as a pedestrian and need guidance on who to file your insurance claim with, contact our firm. Call us today at 561-338-0420, or use our online form for information regarding a free consultation.

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