- Car insurance covers most pedestrian accidents in New York, even if the pedestrian is partially at fault.
- Initial coverage for injured pedestrians typically comes from the driver’s personal injury protection, or PIP, which applies regardless of fault.
- Pedestrians with severe injuries may be eligible to claim additional compensation under the driver’s liability coverage.
- If the pedestrian has car insurance, their uninsured or underinsured motorist coverage may apply if the driver’s insurance is not available.
For many injured pedestrians, one of the first questions is: How do I get compensated if I wasn’t driving or riding in a car?
The good news is that car insurance can cover pedestrian accidents in many situations. While it’s a common misconception that pedestrians aren’t eligible for insurance benefits, the truth is that coverage often applies whether you were hit by a car while walking or jogging, in a parking lot, or crossing the street.
If you were injured in a pedestrian accident, you need straight answers about whether car insurance will cover your losses. At Chopra & Nocerino, we fight for everyday New Yorkers and won’t back down. Call (855) NYC-HURT to get the no-nonsense help you deserve.
The Role of New York's No-Fault Insurance System
New York State follows a no-fault system for car insurance and accidents. Under this system, each driver’s insurance company is the first to cover basic accident-related losses, regardless of who caused the incident.
An injured pedestrian’s first resource is typically the driver’s personal injury protection coverage, or PIP. This coverage applies to the driver, their passengers, and any pedestrians the car accident may have injured.
To use this coverage, you must file your no-fault claim within 30 days of the accident. If you miss that deadline, your options for coverage may be more limited.
How Does Car Insurance Cover Pedestrian Accidents?
Although injured pedestrians can usually seek coverage from the driver’s insurance, their own insurance coverage may also apply. Some aspects of a New York insurance policy can provide coverage to a policyholder even if they were not driving at the time the accident occurred.
Personal Injury Protection, or PIP
PIP covers up to $50,000 in measurable economic losses related to a bodily injury. No-fault coverage applies even if the pedestrian caused the accident. Most pedestrian victims receive coverage from the driver’s insurance, but some may be able to draw from their own policy.
Liability Coverage
Liability insurance activates when someone injured in an accident files a lawsuit against the at-fault driver. New York only permits this type of lawsuit if the accident causes a serious injury, which must fall into one of the following categories:
- Death
- Pregnancy loss
- Loss of a body part or its use
- Severe disfigurement
- Significant limitation of a body function
A medical professional may also determine that an injury is serious if it substantially limits the victim’s ability to perform daily functions.
If you sue the at-fault driver under the serious injury provision, their liability coverage activates. The insurance company will handle negotiations related to your car accident claim and is responsible for paying up to the policy maximum if you win.
Uninsured or Underinsured Motorist Coverage, or UM/UIM
New York also requires drivers to carry insurance for accidents involving uninsured or underinsured drivers. This coverage can apply to policyholders who sustain injuries in pedestrian accidents if the other driver:
- Caused the crash and is uninsured
- Has policy limits that are too low to cover your losses
- Fled the scene, making the incident a hit-and-run
If any of these circumstances apply to your case, contact your insurance company to discuss coverage options. It’s also beneficial to consult with a pedestrian accident attorney, especially if you suspect your injuries may qualify as serious.
“People that tend to have lower policies tend to drive more recklessly. People with $10,000,000 policies or corporate vehicles are much careful about not hitting people on the roadway. So a lot of times when you have pedestrian cases where people are very, very badly hurt, there’s either no insurance because it’s a stolen vehicle or a vehicle that wasn’t registered or insured, or it has the state minimum.” – Alex Nocerino
What Compensation Can a Pedestrian Recover After Being Hit by a Vehicle in New York?
New York allows injured pedestrians to file insurance claims for the direct costs of injuries. These costs include out-of-pocket expenses, such as:
- Medical bills: Diagnosis, treatment, hospital stays, surgeries, rehabilitation, home care, and other related costs
- Lost wages: Up to 80 percent of lost earnings, up to $2,000 per month for a maximum of three years from the accident date
- Other expenses: Up to $25 a day for one year, starting on the accident date, to reimburse injury-related costs, such as household assistance or transportation to and from medical appointments
If you’re eligible to file a lawsuit because your injuries qualify as serious, you may also be able to claim compensation for non-economic losses, such as pain and suffering.
What Happens if the Pedestrian Was Partially at Fault for the Accident?
If a pedestrian’s actions contribute to an accident, they can be partially liable. Under New York’s pure comparative negligence system, victims who are partially responsible for an accident can still claim damages.
New York’s pure comparative negligence means that partial fault does not prohibit you from filing for compensation. An injured pedestrian can still sue if the driver shares even 1 percent of responsibility. However, if they win their lawsuit, the court will reduce their award according to their share of fault.
Get Legal Help From Experienced New York Pedestrian Accident Attorneys
If you were hit as a pedestrian, don’t let the insurance companies call the shots. At Chopra & Nocerino, we’re real New Yorkers who take your case personally and never back down, no matter how big the pushback.
Call (855) NYC-HURT or reach out online to schedule your free consultation. No nonsense, just real answers and real results.
