Successfully navigating insurance claims after a pedestrian accident is essential for recovering compensation without unnecessary delays or disputes. Understanding how auto insurance applies to pedestrian injuries and how to handle insurer communications helps victims protect their rights and maximize recovery.
Which Insurance Policies Apply
Several insurance sources may cover pedestrian accident injuries. The at-fault driver's liability insurance is primary—their policy covers injuries they cause to others, including pedestrians. Most states require minimum liability coverage, though these minimums are often inadequate for serious injuries.
The pedestrian's own auto insurance may provide additional coverage through uninsured/underinsured motorist (UM/UIM) provisions. If the driver flees or has insufficient coverage, the pedestrian's UM/UIM coverage fills the gap. Medical payments (MedPay) or personal injury protection (PIP) coverage pays medical expenses regardless of fault.
If the driver was working, employer or commercial insurance with higher limits may apply. Health insurance covers medical treatment, though it may seek reimbursement from settlement proceeds.
Filing the Initial Claim
Report the accident to relevant insurers promptly. File a claim against the at-fault driver's insurer as soon as possible. Also notify your own insurer about the accident and potential UM/UIM or MedPay claims.
Provide basic information but avoid recorded statements without attorney guidance. Insurers use these statements to find reasons to deny or minimize claims. Stick to factual accident details and do not speculate about fault or injury extent.
Dealing with Insurance Adjusters
Insurance adjusters represent the insurance company's interests—not yours. Their job is to settle claims for as little as possible. Tactics include early lowball offers before injury extent is known, requests for broad medical authorizations, attempts to get damaging recorded statements, and delay hoping you will accept less out of frustration.
Protect yourself by documenting all communications, never accepting first offers on serious injuries, limiting medical record releases to relevant treatment, and consulting an attorney before signing anything.
Medical Treatment and Documentation
Consistent medical treatment strengthens insurance claims while gaps in care weaken them. Seek immediate medical evaluation after any pedestrian accident. Follow all treatment recommendations and attend all appointments.
Keep detailed records of all medical visits, expenses, prescriptions, and how injuries affect daily life. Photograph visible injuries throughout healing. This documentation counters insurer arguments that injuries are exaggerated.
Settlement Negotiations
Do not settle until you reach maximum medical improvement (MMI)—the point where your condition has stabilized. Settling too early may leave future expenses uncompensated. Once settled, you cannot seek additional compensation even if injuries worsen.
Demand packages typically include a summary of the accident, liability analysis, injury documentation, itemized damages, and supporting evidence. Professional presentation increases settlement offers.
When to Involve an Attorney
Consider attorney representation for serious injuries, disputed liability, or insurer bad faith. Attorneys handle negotiations, gather evidence, retain experts, and file litigation if necessary. Most work on contingency, collecting fees only from successful recovery.
Statistics show that represented claimants typically recover more even after attorney fees than unrepresented claimants—insurers take claims more seriously when attorneys are involved.
If you are struggling with insurance claims after a pedestrian accident, consult with an attorney to understand your options and ensure you receive fair compensation.