September 25, 2016

Pedestrian hit by a car

With the state of health insurance as it is in our country, it’s not completely unbelievable that many aren’t covered. So, as a pedestrian hit by a car, not being covered by health insurance can be a frightening concept. Fortunately, however, a pedestrian’s own health insurance isn’t the only answer. One does have options to file claims with different types of insurance.

Health insurance

Ideally, the first place you’d go is to your own personal health insurance. Depending on the coverage in your policy, it should cover most of your major medical expenses. This process will be plain at simple: see your doctor and get treated.

Now, if you are covered by health insurance, whether or not you decide to approach the driver who hit you for some sort of extra settlement is a different story. You may be able to sue the negligent driver for a reward, but otherwise, their car insurance is under no obligation to provide you with any sort of financial compensation.

Car insurance

The next place for you to look is the car insurance of the driver who hit you. Of course, this is only an option if the driver didn’t flee the scene of the crime and the driver is actually insured. If all goes well and the driver who hit you is insured, you will file a claim with their insurance company.

Next, the insurance company will analyze the situation to attempt to determine who is at fault. Unless you are more than 50% negligent, meaning you were very clearly breaking a law and putting yourself in harm’s way, you’re likely to win your settlement this way. If you are found to be at fault in any way, your assigned negligence may affect your compensation. 

Fortunately for the pedestrian involved, the car insurance is obligated to pay the balance of your settlement even if the driver is under-insured. However, if the driver failed to stop when they hit you, it does throw a wrench in your rights. In this case, the first thing to do is get hold of any witnesses to the collision. Witnesses may be able to narrow down a description of the perpetrator, including car color, type, make, model, year, license plate, and/or a physical description of the driver. If you can provide the authorities with this information and they are able to track down the perpetrator, it’ll be much easier to file a claim through their car insurance. The fact that they fled the scene may also increase your settlement due to negligence, as a driver is legally obligated to stop at a collision they are involved in.

Why you need an attorney

If you’re a pedestrian hit by a car looking to the driver’s car insurance to pay your bills, the insurance company is not your friend. They are in this business to make money, so the more they are obligated to pay for your settlement, the more money they lose. Therefore, if you share details about the accident or place blame without an attorney present, the insurance company may twist your words to screw you out of a proper settlement. While the driver as their insurance on their side, you’ll need an attorney on yours.

Second, Florida is a no-fault state. This means that the driver’s car insurance is required to pay for the injured party regardless of fault or negligence. Therefore, any medical, surgical, disability, and even funeral costs that you accrue must be paid for by the car insurance. However, to protect their financial interests, the insurance may cut corners, neglect to provide you with information, or drag out the compensation process to force you to settle for a low amount out of urgency. An attorney knows exactly what you’re entitled to, and will ensure the insurance company treats you in the manner in which you deserve.

You may also be interested in:

Diagnosing Neck Pain After an Accident – Is it Whiplash?
I Rear-Ended Someone – Is it My Fault?
Can You Rent a Car Without Insurance?
Conquering the Fear of Driving After an Accident
Florida’s Distracted Driving Law
Hit by a Drunk Driver – What Now?
Snap and Drive: Snapchat a Danger to Florida’s Roads