Many people are surprised to learn that their own auto insurance may apply after a pedestrian accident. If you were struck by a vehicle while walking, your own insurance coverage could potentially help pay for medical bills, lost income, or other damages — especially if the driver who hit you was uninsured or underinsured. In some situations, you may even have grounds to pursue legal action against your own insurer if they wrongfully deny or undervalue your claim. Speaking with an experienced hit by car lawyer can help you understand what insurance coverage may be available after a pedestrian accident.
Even though you were not inside your vehicle at the time of the crash, certain auto insurance protections may still follow you as a pedestrian.
Your Own Insurance May Cover You as a Pedestrian
Many California drivers carry uninsured motorist (UM) or underinsured motorist (UIM) coverage as part of their auto insurance policies.
These coverages may apply if:
• The driver who hit you had no insurance
• The driver fled the scene in a hit-and-run
• The driver’s policy limits are too low to fully cover your damages
In many cases, UM/UIM coverage protects you not only while driving your car, but also while walking, biking, or riding as a passenger.
For example, if a distracted driver hits you in a crosswalk and only carries minimal insurance, your own policy may help cover the remaining losses.
Medical Payments Coverage May Also Apply
Some drivers carry Med Pay coverage through their auto insurance.
Med Pay may help pay for:
• Emergency room bills
• Ambulance costs
• Medical treatment
• Surgery expenses
• Rehabilitation costs
Unlike liability claims, Med Pay often applies regardless of who caused the accident. Coverage limits are usually lower, but it can still provide important financial help immediately after a collision.
When Can You Sue Your Own Insurance Company?
Your own insurance company still has a legal obligation to handle claims fairly. If they act unreasonably, delay payment, or wrongfully deny valid coverage, legal action may become necessary.
You may have grounds for a claim against your insurer if they:
• Wrongfully deny UM/UIM coverage
• Unreasonably delay payment
• Fail to properly investigate the accident
• Offer unfairly low settlements
• Misrepresent policy terms
• Ignore evidence supporting your claim
Insurance companies are businesses focused on minimizing payouts — even when dealing with their own policyholders.
Uninsured Motorist Claims Can Become Complicated
UM/UIM claims are often more complicated than people expect.
Insurance companies may dispute:
• Whether the driver was truly uninsured
• The severity of your injuries
• Whether the treatment was necessary
• The value of pain and suffering damages
• Whether your injuries existed before the accident
Hit-and-run pedestrian cases can become especially difficult because insurers may require proof that physical contact occurred between the vehicle and the pedestrian.
Serious Pedestrian Injuries Often Exceed Insurance Limits
Pedestrian accidents frequently cause catastrophic injuries such as:
• Traumatic brain injuries
• Spinal cord injuries
• Multiple fractures
• Internal bleeding
• Permanent disability
Medical bills and lost wages can quickly exceed the at-fault driver’s insurance limits. In these situations, your own UM/UIM policy may become critically important.
Without additional coverage, injured pedestrians may struggle to recover enough compensation to pay for long-term care and future losses.
Evidence Still Matters in Insurance Claims
Whether you are filing against the driver’s insurance or your own policy, evidence remains extremely important.
Helpful evidence may include:
• Police reports
• Medical records
• Witness statements
• Traffic camera footage
• Surveillance video
• Photos of the scene and injuries
• Proof of lost wages
• Insurance policy documents
Strong evidence can make it harder for insurers to dispute liability or undervalue your claim.
Why You Should Speak With a Hit by Car Lawyer
Many people assume their own insurance company will automatically protect them after an accident. Unfortunately, insurers often prioritize minimizing payouts over fully compensating injured policyholders.
An experienced hit by car lawyer can review your insurance policies, identify available coverage, negotiate with insurers, and pursue legal action if your claim is unfairly denied or undervalued.
At Bojat Law Group, we help injured pedestrians throughout California pursue compensation after serious accidents involving unins
