Can I file a UM claim if I hit a pedestrian ?

Asked over 1 year ago - Lake Worth, FL

I hit a pedestrian but am not at fault for the accident . I was injured as well and went to the hospital and started physical therapy . Can I file an UM claim since I am not at fault for the accident ?

Attorney answers (9)

  1. Clifford M. Miller

    Pro

    Contributor Level 19

    9

    Lawyers agree

    Answered . Sure. If the pedestrian was not insured and you were hurt.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  2. David H. Burns

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . If the pedestrian's negligence caused the collision and the pedestrian was uninsured or underinsured, then you can make a UM claim. You should get a free consultation from a highly qualified Florida personal injury attorney so that the attorney can explain how UM claims work.

    The above is general advice regarding applicable state law. It does not create an attorney-client relationship in... more
  3. Kathryn Elizabeth Lee

    Contributor Level 10

    7

    Lawyers agree

    Answered . Probably not. I would suggest having an attorney review your UM policy. UM generally only provides coverage when you are injured through the fault of an uninsured or under-insured motorist, not pedestrians. Your policy may provide broader coverage, and it can't hurt to check.

    No attorney-client relationship is intended by this answer.
  4. Kevin Coluccio

    Contributor Level 20

    6

    Lawyers agree

    Answered . I would think so. Contact a personal injury attorney in Lake Worth.

  5. Jeffrey Mark Adams

    Contributor Level 20

    5

    Lawyers agree

    Answered . How did your injury occur?

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Depends on your policy really. Have a local lawyer review it.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  7. Sagi Shaked

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . Short answer is yes.

    Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877)... more
  8. John Michael Phillips

    Contributor Level 19

    3

    Lawyers agree

    Answered . Yes. And it might be a good case. Even pedestrians can't put you in harms' way. There are three aspects to every case- liability (which means "fault" which is fairly clear as you indicate), causation (which means you suffered new or worsened injuries) and damages which range from medical bills to the inconvenience caused. We are happy to help.

    I am rated one of the top trial lawyers in Florida. Feel free to check out our website- www.knowthelawyer.com. Our number is 800-6-know-law and I can be emailed at jmp@knowthelawyer.com and will talk to you this weekend. Either way, good luck. Insurance carriers are making it tougher each day and victimizing victims more and more.

    Please CLICK the button if I HELPED or was BEST ANSWER. We also answer your questions on facebook- www.facebook.... more
  9. Scott Michael McPherson

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . Yes, you can. The key is whether or not your injuries stem from the use, operation or maintenance of your motor vehicle (not whether the pedestrian was operating a motor vehicle). It's FL Statute 627.727, and I have litigated this issue extensively, even taking it up to the appellate court on one occasion.

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