Who Pays When a Pedestrian is Involved in a Car Accident or Hit-and-Run?

Unfortunately, it is too often the case that a pedestrian is injured in a hit-and-run accident. In such cases, it is not readily apparent how the victim will recover for injuries when the driver's identity remains a mystery.

According to NBC10, there were 22,888 hit-and-runs in Philadelphia between January, 2014 and August, 2015. Of those accidents, 873 involved injuries to pedestrians, 8 of which proved fatal. These statistics represent an alarming trend in the city, which has recently gained the attention of new outlets due to several high-profile incidents.

In April of this year, a 4 year old was killed after being struck by a hit-and-run driver and most recently, a 6 year-old girl was seriously injured by a hit-and-run driver. Fortunately, in the stories above, the drivers were eventually arrested and will be forced to answer for their crimes.

But what about the hit-and-runs that are never solved? How do pedestrians pay their medical bills and receive the compensation they deserve in these cases? Should you get a personal injury lawyer?

Your Car Insurance

It may seem like an unlikely source of funds when you weren't driving at the time of the accident, but your car insurance is likely to be a critical, though somewhat limited, source of compensation. However you ought to speak to a pedestrian accident attorney to make sure that what they tell you is in fact the truth.

Personal Injury Protection Insurance

All car insurance plans in Pennsylvania are required by law to offer a minimum of $5,000 personal injury protection insurance. This benefit will pay the first $5,000 (or higher, depending on the coverage you've selected) of your medical expenses, regardless of whether you were at fault. In a hit and run accident, these benefits are often your first means of obtaining the treatment you need.

If you do not own a car, then you need to look to those living in your household. If a spouse or relative living with you owns a registered vehicle, their personal injury protection insurance will pick up the tab, up to the policy limits discussed above.

Underinsured/Uninsured Motorist Coverage

Underinsured/Uninsured Motorist Coverage is not required by law in Pennsylvania, and thus many people reject this valuable coverage in order to save a few dollars on their premiums. Hit and-run accidents are one of the main reasons we recommend that you carry at least the minimum coverage, if not more.

In the case you become the victim of a hit and run accident while walking along the sidewalk or crossing the street, you will be able to make a claim against your own insurance company for compensation, just as if you were pursuing a claim against the driver who hit you.

These claims can be hard to navigate, however, as insurance companies are often skeptical of what we call "phantom driver' cases, where the defendant is completely unknown, especially where the only witness to the accident is the victim. We recommend that you contact an experienced motor vehicle accident attorney to aid you in pursuing your claim.

What if I Don't Have Recourse to Car Insurance?

The Assigned Claims Plan

There are cases where the pedestrian does not have car insurance and does not reside with anyone who maintains car insurance, especially here in Philadelphia. The Commonwealth of Pennsylvania has established the Assigned Claims Plan to aid such victims. Though coverage is often limited, in situations where the defendant cannot be identified and an insurance claim cannot be pursued, the Assigned Claims Plan may be your only option.

As with Underinsured/Uninsured Motorist Coverage, these claims can be difficult to navigate, as the Commonwealth will not want to pay a cent more than it feels it has to. An experienced attorney can help you maximize your recovery and make sure you get the treatment you need.

You Need an Experienced Attorney

Hit-and-run accidents place victims in a unique and complex situation where it can be hard to recover compensation for one's injuries. Alvin F. de Levie and his team have decades of experience pursuing justice for hit and run victims. He and his team of catastrophic injury lawyers specialize in such will help you in your time of need.

Please contact the Law Offices of Alvin F. de Levie today at (844) 777-2529 to discuss your case.