The type and compensation amount that a pedestrian will get after being hit by a car will depend highly on the assets of the defendant, the extent to what the pedestrian has been injured, the insurance of both parties and the contribution of the pedestrian to the accident.
Different insurance kinds
Auto insurance is the most likely recovery compensation source after a pedestrian is injured. In many states, drivers are required and encouraged to have insurance. Insurance companies are required to offer coverage to uninsured or underinsured motorists. This coverage is helpful in case that the uninsured driver causes an accident because the insurance company will compensate on behalf of the driver. It is advisable for pedestrians to have medical insurance because that is what will help to pay medical bill in case of accident. It will be the duty of the medical insurance company to pay medical expenses for the pedestrian. It is also important to note that if the accident occurred when the pedestrian was working then it will be up to a worker’s compensation carrier to as well compensate the pedestrian.
When a pedestrian is injured.
In case of an accident and a pedestrian is injured and the driver is the one to be blamed for the accident or is at fault for the accident then the pedestrian qualifies for an injury claim with the insurance company of the driver. Such type of a claim is known as a third party claim. The usual first step in getting a compensation for the loss caused by the accident is an insurance claim. This loss caused by the accident may include general damages like suffering and pain, medical bills and lost incomes among other losses. A pedestrian can claim for compensation through negotiation between the pedestrian, the driver and the driver’s insurance company. If these negotiations don’t seem to be successful then it is always advisable for the pedestrian to take a legal action by settling the matter in a law court and this means that the pedestrian will have to file a personal injury lawsuit. Filling a personal injury lawsuit requires the pedestrian to have full identity of the driver. If the driver stopped at the scene of accident and exchanged his personal details together with those of his insurance company will make it easy to for the pedestrian to file a pedestrian injury lawsuit since he has the driver’s identity details. With all these identity details about the driver, then it means that your compensation will go through.
If the driver did not stop at the scene of accident then the pedestrian’s chances to be compensated will be significantly low. The first thing the pedestrian should do is to ensure that the accident is reported to the police who will make further investigation. The pedestrian should get contact information and names of the witnesses around at the scene of accident in case there were any of them. After that the pedestrian will need to seek medical treatment at his own or under the insurance company he is insured under. One in the hospital a dsa theory test will be carried to determine the extent to which the pedestrian is injured. This will only be done after the pedestrians give the police all the necessary information so that they may try to trace the driver so that the chances of being compensated are increased