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Does Car Insurance or Health Insurance Cover Pedestrian Accidents?

Coverage Inquiry: Do Car Insurance or Health Insurance Cover Pedestrian Accidents?
When Is a Pedestrian at Fault in a Car Accident? I Greenberg & Stein P.C.

Pedestrian car accidents can leave the victim with terrible injuries and costly medical bills. In 2021, 8.9% of all vehicle accidents in New York City involved a pedestrian. That year there were 125 fatalities as a result of pedestrian accidents. Many pedestrian accident victims do not know how to confront the situation and this can lead to anxiety and depression. Most people feel overwhelmed by the medical bills and their injuries. One of the most common questions is: Does car insurance or health insurance cover pedestrian accidents?

Car insurance and health insurance coverage for pedestrian accidents in New York may vary depending on the specific policy and the circumstances of the accident. Car insurance coverage for pedestrian accidents typically involves liability coverage, which pays for damages or injuries that the driver causes to someone else, such as a pedestrian. On the other hand, health insurance may cover medical expenses related to pedestrian accidents. However, it is important to note that most health insurance policies have limits and exclusions, such as deductibles and copayments, that you will be responsible for paying. Additionally, some health insurance policies may not cover injuries that are sustained in a car accident, even if you were a pedestrian at the time of the accident.

Nonetheless, every case is different and the best way to know exactly how to recover compensation from your injuries is by seeking professional advice from a pedestrian car accident attorney.

5 ways a Pedestrian Can Be Compensated After an Accident

Depending on the specifics of the case, there are some alternatives to be compensated after a pedestrian car accident.

PIP – New York No-Fault Law

New York is a no-fault state. This means that every driver is required to carry no-fault insurance coverage. Basically, this coverage will pay for all reasonable medical expenses incurred by the driver and the victims, regardless of who was at-fault. The pedestrian who got injured in the accident must submit a claim with the driver’s insurance company to be compensated for their injuries. Just keep in mind that the insurance company will pay for the medical bills and other expenses up to the policy limits. If your medical expenditures are greater than the policy limits, you may have to look for a different alternative to cover your expenses.

Pedestrian’s Auto Insurance

If the pedestrian who got injured in the accident owns a car, they will most certainly have an insurance policy for their own car. In many cases, their car insurance policy will include coverage for accidents of this nature. Make sure to read your policy carefully to find out if you are eligible to file a claim with your own insurance company if you get injured in a pedestrian car accident.

Pedestrian’s Health Insurance

You may be able to use your own health insurance to pay for your medical bills. However, you must check your policy carefully first. Some insurance policies exclude some types of accidents from their coverage. You need to ensure that pedestrian car accidents will be covered by your health insurance policy. You must take into account that you will have to pay deductibles and probably other fees included in your policy. If you recover compensation from the at-fault party at some point in the future you may be required to pay your health insurance provider with the settlement money.

Pursuing a Bodily Injury Claim

You can also pursue compensation by filing a personal injury lawsuit against the at-driver. Since New York is a no-fault state, you must meet some conditions to be able to sue the driver. If you meet these conditions you can proceed with the lawsuit. In a lawsuit you must prove that the driver was negligent and their actions (or lack of action) led to the accident in which you got injured.

Using The State-Funded Program

If none of the options listed above work for you, you may be able to file a claim through the Motor Vehicle Accident Indemnification Corporation. This State-funded program helps New Yorkers who were injured in a car accident recover compensation for their injuries if they meet some eligibility requirements. Some of the requirements are:

  • The accident occurred in the state of New York
  • You need be a resident of the state of New York
  • You do not have access to a car insurance policy
  • No household relatives own a car insurance policy
  • You are not the owner of the uninsured car that caused the accident
  • You are not the spouse of the person driving the uninsured car and you were not a passenger in the car

The No-Fault Law Eligibility

In New York, you can step outside of the no-fault system and pursue a liability claim if you have suffered serious injury as a result of a car accident. Serious injury is defined as death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ, member, function, or system, or a permanent consequential limitation of use of a body function or system. Or if your medical expenses are greater than the policy limits. If your injuries meet this definition, you can file a liability claim against the responsible party or parties to recover damages for pain and suffering, lost wages, and other damages.

What Damages Can Be Recovered in A Pedestrian Accident?

In a pedestrian accident, the damages that can be recovered can vary depending on the specific circumstances of the case. Generally, the types of damages that may be recoverable in a pedestrian accident include:

  • Medical expenses: This can include the cost of medical treatment, hospital stays, rehabilitation, and any future medical costs related to the accident.
  • Lost wages: If the pedestrian is unable to work due to their injuries, they may be entitled to compensation for lost wages.
  • Pain and suffering: This covers physical and emotional pain and distress caused by the accident.
  • Loss of consortium: If the pedestrian’s spouse is affected by the pedestrian’s injury, they may be entitled to compensation for loss of companionship, affection, and sexual relations.
  • Property damage: If the pedestrian’s personal property, such as a bicycle or clothing, was damaged in the accident, they may be entitled to compensation.
Understanding Insurance Coverage for Pedestrian Accidents: Car Insurance vs. Health Insurance
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Greenberg and Stein Pedestrian Accident Attorney

A pedestrian car accident is an experience that no one wants to go through. Unfortunately, accidents happen. Nonetheless, there are options to pursue compensation for your injuries. Greenberg & Stein P.C. is specializes in helping people who have been injured in different kinds of accidents, including pedestrian car accidents. Our pedestrian car accident attorneys have handled numerous cases and have helped many of our clients get the compensation they deserve. Our team will help you in every step of the process and act on your behalf whenever it is necessary. Call us at 888-716-3843 to schedule a free consultation to review your case.