Hit and Run Insurance for Pedestrians in Pennsylvania
A pedestrian who sustains injury in a hit and run pedestrian accident may have several options for recovering damages through insurance claims. The amounts and sources of compensation will vary depending on your situation. The following details the most common hit and run insurance for pedestrians.
Your Car InsuranceAll Pennsylvania drivers must carry a minimum of $5,000 in first party benefits, which will cover you directly in any vehicle-related accident, even if you were walking. You can also use other coverages you purchased, such as extraordinary medical benefits coverage, to pay your medical bills.
If your injuries exceed your coverage limits and you cannot locate the hit and run driver, you may have another option. If you carry uninsured or underinsured motorist coverage (UM/UIM), you can receive compensation for medical expenses up to your policy limits.
Your Medical InsuranceYour health insurance coverage can help you address the initial medical bills from your accident. You will submit your health care claims as usual, but know that both your insurance company and the hospital may attempt to put a lien on your future settlement to recover what you owe them.
The Other Driver's InsuranceIf you can track down the hit and run driver, you can file a claim with his car insurance policy and recover up to the maximum of his liability insurance policy.
If the driver does not carry insurance or your injuries exceed the limits of his policy, your UM/UIM insurance will cover your damages (up to your policy limit).
When All Else Fails, File a LawsuitEven if you selected the limited tort option when you purchased auto insurance, pedestrian accident victims retain full tort insurance. Full tort means you have the ability to recover all potential damages (both economic and noneconomic) in a personal injury lawsuit against the at-fault driver (given that you were able to find him).
Filing a lawsuit for damages requires evidence of the extent of your injuries and proof that the other driver was liable for causing the accident. Pennsylvania's comparative negligence laws allow you to be 50 percent or less percent at fault for the accident and still recover damages.