When a vehicle accident claim involves a pedestrian, the injured parties may be entitled to compensation under the law. The process involved in making a claim is similar to a standard vehicle accident even in pedestrian cases. Due to the extensive injuries that are likely to occur to a pedestrian involved in a vehicle accident, however, the insurance company involved is likely to begin working immediately to mitigate its damage.
Pedestrians can often make claims for compensation from both their insurance company and the at-fault driver’s. How much money they can receive, however, will hinge on the circumstances surrounding the accident. There are steps pedestrians or their families can take to try and recover the maximum amount allowable under the law.
Factors Limiting Claims
A pedestrian vehicle accident claim, like most vehicle claims, can be limited by certain factors related to the crash itself. Some of the things that may limit how much an actual claim can be for include:
- The party responsible for the accident – In some cases, a pedestrian may be responsible for the accident or partially responsible as determined by a judge. In this situation, a claim could be reduced. If, for example, a pedestrian darts out in front of a car, failing to use a crosswalk, the pedestrian might be to blame for the crash.
- The driver’s coverage limits – An insurance company handling a vehicle accident claim is only liable for the coverage limits of the policy. This isn’t to say that a pedestrian couldn’t sue an at-fault driver for more in civil proceedings.
- The pedestrian’s insurance – If the pedestrian also holds automobile insurance, his or her policy may provide some coverage, as well. Again, the vehicle accident claim may be limited by the pedestrian’s personal injury protection coverage limits.
Protecting Claims
To make sure to get the most possible out of a vehicle accident claim, it is important for pedestrians or survivors to:
- Obtain all related police reports
- Obtain medical records and reports
- Submit requested documentation to the involved insurance companies
- Keep up with medical appointments and requested follow-ups
A vehicle accident claim involving a pedestrian is typically handled in much the same manner as a standard vehicle-on-vehicle claim. The caveat is that pedestrians tend to suffer serious and even life-ending injuries. This is likely to put insurance companies on the defensive quickly. To protect rights to claims, pedestrians or survivors need to document all reports, testing and expenses.
When a vehicle accident claim does involve a pedestrian, calling on a reputable attorney for advice is a wise decision. An attorney can walk the injured party or survivors through the claim process and may be able to seek additional compensation by seeking other legal actions.
