You are crossing the street and out of nowhere, a car hits you, sending you flying through the air and landing in the middle of the road with a thud. You’re in severe pain and disoriented. A bystander calls 911 and an ambulance whisks you to the hospital. Fortunately, your injuries are not life-threatening, but they are life-changing. The bills start mounting. Who is responsible for paying them?
The first option for funding is your own Personal Injury Protection (PIP) coverage. Even though you were not driving at the time of the accident, if you have PIP coverage, it will cover up to 80% of your medical bills and 60% of your lost wages, up to a $10,000 limit.
The next option is seeking compensation from the driver who hit you. If the driver has liability insurance, you can make a claim through their insurance for payment for your injuries. The claim can cover medical bills, rehabilitation, medication, imaging, medical supplies, necessary modifications to your home, such as a wheelchair ramp, lost wages, lost future wages, and non-economic damages, like pain and suffering and mental distress.
The last option is your own uninsured motorist (UM) coverage. Even though you were not in a car, if you carry UM you can recover for damages, up to your own limits, that are not paid by after you get the at-fault driver’s insurance. UM would pay for the same damages that are listed above by the driver’s liability insurance. UM is very important, by the way, to pedestrians and drivers because many drivers in Florida don’t have any, or enough, bodily injury coverage.
There are several factors that determine how much the insurance company will pay out. These include value of insurance coverage, determination of fault, and severity of your injuries.
Value of Insurance Coverage
The maximum amount that the insurance will pay out is the value of the insurance coverage. For example, if someone has a $100,000 policy, that is the maximum you can recover. In contrast, if the driver has a $1,000,000 policy, you have the opportunity to recover much more.
Determination of Fault
There is a common misperception that the car driver is always responsible when a pedestrian is hit. In fact, Florida has rules that both drivers and pedestrians must follow and each party’s adherence to these rules will determine the fault in your specific situation. For example, if you were crossing the street at a crosswalk with the light and a driver sped through a red light and hit you, the driver would be at-fault. Similarly, if the driver was under the influence, failed to yield the right of way, or was texting, they would be at-fault. However, if you were crossing against the light, or not at a crosswalk, or looking at your phone while you crossed, you would likely be assigned some of the blame for the accident, which would reduce your total potential compensation.
Severity of Your Injuries
The more severe your injuries, the more compensation you could be awarded. For this reason, it’s important to be accurate when describing your injuries to medical professionals and your attorney. Don’t play them down or exaggerate them.
If you were hit by a car as a pedestrian, contact Cutler Rader for your free case evaluation. Our one and only goal is for you to receive justice for your injuries, and we will fight aggressively until you do.
Cutler Rader, P.L.
With over 75 years of combined experience, the attorneys at Cutler Rader understand the meaning of Justice. Our one and only mission is to get each client the justice he or she deserves; our team of attorneys never back down when we know our client is right.
We offer our clients the compassion and guidance they need as they work through trying times in their lives. The balance of working relentlessly for our clients combined with our caring approach has helped us achieve a fantastic record of success with our clients. We get our clients the justice they deserve.
At Cutler Rader, You matter. Your justice matters. Your Justice Starts Here. 954-913-2273.