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

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 ?

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Attorney answers 9


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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff



I was the driver of the car. My windsheid was shattered & I'm not sure if I hit my head on something but I've had constant head aches & neck pain since the accident

Jeffrey Mark Adams

Jeffrey Mark Adams


Now I understand. In NY you would not have a claim. Candidly, I do not know about FL. Contact local and qualified counsel. In any event there seems to be a seat-belt defense. Get appropriate medical attention and good luck.


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 relationship is intended to be formed. You may call me 772-562-4570; email me, or visit my website


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 any specific case.


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


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.


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

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Short answer is yes.

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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- Our number is 800-6-know-law and I can be emailed at 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.

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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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