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When driving, one is likely to crash their car into something. What follows the car crash can range from nothing at all to seriously bad situations, depending on what was hit. A driver may hit many things behind the wheel, but the insurance company may not handle everything the same.
The most unfortunate thing that may happen to a driver is hitting a person, specifically, a pedestrian. The victim may get minor injuries, or the case may be fatal. The lingering question is, does car insurance cover a driver hitting a person? It is a complicated case when one hits a pedestrian instead of an animal. The legal and insurance processes that follow the accident look at various things.
In some cases, the matter may depend on the state where the crash happened. Determining fault takes center stage, and other elements to the crash become relevant. Engaging a St Louis injury law office like Powell Law becomes necessary. This piece looks at instances where insurance covers hitting a person and what it entails.
Do’s and Don'ts
● Unless it is a case of hit and run, the driver should call the police and file a report as soon as possible. The insurance company should be called in as well. The driver should uphold utmost good faith in telling the police and insurance officers the truth about the accident.
● Where possible, the driver should move the victim to a safer place and administer first aid to stabilize them. If not qualified, the driver must avoid moving or performing any medical activity on the victim.
● Call an ambulance and medical team to attend to the victim should the case involve some sort of serious injuries.
● The driver should not utter words that may fault them, such as "Sorry, I should have been more careful. I don't know what I was thinking." Such utterances may thrust the driver at fault and end up costing them money.
● If the pedestrian is not injured much or incapacitated, exchange contact information. The parties should exchange details such as names, email addresses, phone numbers, and insurance information.
● The driver should not engage in a physical confrontation with the victim or witnesses present at the accident scene. The case may turn into a possible criminal charge, especially if the driver was intoxicated. It is ideal for the driver to call a criminal defense attorney at that point. Pedestrian accident lawyers at Powell Law can handle such cases when contacted soon after the accident.
Conditions of Insurance Coverage
If the fault can be placed on the pedestrian and proven due to pedestrian negligence, the driver has nothing to worry about. There is no payment the driver is required to make in such an instance. Where fault is not clearly defined, a police report comes in handy in getting an insurance company to pay the coverage.
Depending on where the accident occurred, the pedestrian is covered by the health and disability insurance policy. If it is an accident at work, worker’s compensation coverage comes into play. If the pedestrian ends up passing away, it can go towards a wrongful death suit. There are also instances where the hit person may be covered by more than one auto insurance policy.
A driver found at fault pays for the damages using their MedPay or personal injury protection coverage. Anyone without this coverage, or those who exhaust them uses their bodily injury liability insurance to cover the hit pedestrian’s medical expenses.
An insurance company in a no-fault state covers the hit person by paying only a percentage of the medical bills. The company may also cover partially lost income up to a certain threshold. When the coverage gets to the brink, the insurance company pulls out. The pedestrian or their family may sue the driver for permanent injuries or death. The driver's insurer pays for the damages where the hit person has no such coverage or wishes not to use their insurance.
Seek an Attorney's Advice
Whatever happens, both parties should contact a lawyer as soon as the accident occurs. Lawyers at Powell Law are good at handling such matters. Since state laws vary widely, it is prudent that lawyers handle an accident like this. They cover the various car insurance schemes, their limitations, and exclusions.
The attorney handles a claim from the involved insurance policy and the state's judicial decisions. The pedestrian gets advice on who to seek compensation from as advised by the lawyer. The indemnification can be from the personal injury attorney or the pedestrian's own insurer.
Since the accident may present possible double pedestrian coverage, an attorney helps to advise who to go to and what to expect. The pedestrian gets to know the auto insurance company to go to first. They also get the knowledge of the insurance likely to give additional coverage.