An Uninsured Driver Hits a Pedestrian: Now What?

 Posted on September 16, 2015 in Pedestrian Accidents

As a responsible adult, you have always made sure to remain in compliance with safety and liability laws especially as they relate your car and driving privileges. You keep your registration current, you wear your seatbelt and require passengers to wear theirs, you never drive under the influence, and you maintain full liability and collision insurance on your vehicle.

When you are behind the wheel, many of these concerns are well within your control. When you are a pedestrian, whether crossing the street or walking for miles, you are at the mercy of the drivers around you. If you are hit by a car as a pedestrian, your avenues for compensation may be rather unclear specifically if the driver is uninsured.

Know Your Options

As a “fault” insurance state, Connecticut provides those who have suffered losses in automobile crashes, including vehicle-pedestrian incidents, several methods for getting their losses covered. An injured party may choose to pursue a civil claim in the form of a personal injury lawsuit against the at-fault party. The assistance of a qualified lawyer can help ensure your claim is paid correctly.

Uninsured/Underinsured Motorist Coverage

Every auto insurance policy sold to Connecticut drivers is required by to law in include certain coverages. To meet the state’s requirements, a policy must offer $10,000 in property damage coverage per accident, and $20,000 per accident in bodily injury coverage for one injured party up to $40,000 per accident for multiple injured parties. The same bodily injury coverage, $20,000/$40,000, must be provided as well for uninsured/underinsured motorist situations.

Uninsured/underinsured motorist coverage refers to the protection that your insurance company offers in the event that your injuries are caused by another party who lacks the coverage necessary to cover your damages. In a pedestrian accident example, say the hypothetical driver has no insurance. A victim's uninsured/underinsured motorist coverage would kick in and offer up to $20,000 to cover medical expenses and recovery.

Insurance Payments and Subrogation

When your insurance company makes a payment to cover damages caused by an at-fault third party, the carrier normally has the right to seek reimbursement from the at-fault party. The process of seeking reimbursement is known as subrogation, and you may be asked to cooperate with such attempts by your insurance company. Subrogation is often to your advantage, as some of the recovered funds are likely to be paid back to you as reimbursement for your policy deductible. However, in the case of an uninsured driver, your insurance carrier may struggle to pursue subrogation as the personal property and assets of the driver may make reimbursement very unlikely.

Filing a Personal Injury Claim

As an alternative to filing a claim with your insurance carrier, or if you do not have auto insurance, you may need to pursue a personal injury claim in court. If you choose to file suit, you should only do so after speaking with an experienced Hartford personal injury attorney. Contact Woolf Law Firm, LLC today to schedule a confidential consultation. We will review your case and help you decide on the course of action with the highest likelihood of success. You deserve to collect compensation for your injuries, and we pledge to help you get it.

Sources:

https://www.cga.ct.gov/2008/rpt/2008-R-0493.htm

http://www.ct.gov/cid/cwp/view.asp?q=254618

http://www.dmv.org/insurance/subrogation.php