If you were recently involved in a pedestrian-car accident, you might wonder, “Does car insurance cover if you hit a pedestrian?” In many cases, the answer is yes. Here’s what you need to know about auto insurance and pedestrian accidents.
Who Covers the Costs When a Pedestrian Is Hit by a Car in Wisconsin?
In the event of a car accident involving a pedestrian, various parties may bear liability for the pedestrian’s losses from their injuries. In most cases, the driver who hit the pedestrian will bear liability in a pedestrian accident claim. However, other parties may share responsibility for the injured pedestrian’s losses, such as:
- The driver’s employer – When a driver causes a pedestrian accident while driving for work, the injured pedestrian may pursue an employer/vicarious liability claim against the driver’s employer.
- The car’s owner – The owner of the vehicle that hit the pedestrian may be held liable for the pedestrian’s injuries if they negligently entrusted their vehicle to the driver who caused the accident.
- The car’s manufacturer – A pedestrian may have a product liability claim against the manufacturer of the vehicle that hit them if the accident occurred due to a design or manufacturing defect in the car, such as a defect in the vehicle’s brakes.
In most cases, liable parties may turn to their insurance coverage to cover the cost of any settlement or judgment the injured pedestrian obtains against them.
Does Car Insurance Cover Pedestrian Accidents in Wisconsin?
When a driver hits a pedestrian in Wisconsin, the driver’s car insurance can cover compensation for the pedestrian’s injuries and losses. Under Wisconsin law, drivers must carry liability insurance of at least:
- $25,000 for the injury or death of one person
- $50,000 for the injury or death of more than one person
- $10,000 per accident of property damage liability coverage
Liability coverage under a car insurance policy can compensate pedestrians for financial and personal losses resulting from injuries or property damage they sustained in a collision with an automobile. An injured pedestrian can file a claim with the insurance company of the driver who hit them to recover compensation under the driver’s liability coverage.
Can a Pedestrian File an Insurance Claim After Being Hit by a Car?
An injured pedestrian can file an insurance claim with the insurance company covering the negligent driver who caused the collision, provided the driver’s insurance policy was in effect at the time of the incident. However, injured pedestrians can best protect their interests by working with an experienced pedestrian accident attorney to file an insurance claim. Insurance companies employ various tactics to persuade injured accident victims to accept less than a fair compensation, such as disputing the severity of injuries or pressuring accident victims to accept a quick settlement.
Does a Pedestrian Need Insurance in Wisconsin?
Pedestrians do not need insurance to protect themselves from losses from an auto accident. In fact, there’s no such thing as “pedestrian insurance.” However, a pedestrian with an auto insurance policy may turn to their insurer for coverage after a pedestrian accident. They can do so if they have purchased applicable coverage, such as personal injury protection or medical payments coverage, which can help with medical bills.
What Compensation Can Pedestrians Receive After an Accident?
In a pedestrian accident claim, you may have the right to recover compensation for losses you incur due to your injuries. Your financial recovery can include money for your:
- Medical treatment and rehabilitation expenses
- Costs of long-term care for prolonged/permanent disabilities
- Lost wages/income from missed work
- Lost future earning capacity after becoming permanently disabled
- Pain and suffering
- Permanent disability/disfigurement
People Also Ask
Frequent questions that people have about pedestrian accidents and insurance include:
What should I do if I was hit by a car as a pedestrian in Wisconsin?
Taking prompt action after getting hit by a motor vehicle as a pedestrian can help you recover compensation in an insurance claim. Steps you should take after an accident include:
- Report the accident to law enforcement and request a copy of the police crash report.
- Seek immediate medical attention to document your injuries and follow your doctor’s treatment instructions.
- Obtain copies of your medical records.
- Keep all bills, invoices, and receipts for your medical treatment.
- Gather copies of your pay stubs or income statements if you miss time from work due to your pedestrian accident injuries.
Can I sue a driver for hitting me as a pedestrian?
After a motor vehicle hits you, you may have the right to sue the driver if they caused the collision through negligence or reckless driving. Wisconsin uses an “at-fault” system for auto accident claims, meaning an at-fault driver bears responsibility for compensating injured victims of motor vehicle accidents the driver causes.
Does health insurance cover pedestrian accident injuries?
A pedestrian injured in a collision with a motor vehicle can turn to their health insurance policy for coverage for medical treatment expenses. However, by seeking health insurance coverage for injuries sustained in a motor vehicle accident caused by another party, an injured pedestrian may give their health insurer the right to seek reimbursement for accident injuries from any settlement or judgment the pedestrian obtains in an accident claim.
How long do I have to file a pedestrian accident claim in Wisconsin?
Under Wisconsin’s statute of limitations, you typically have three years after a pedestrian accident to file a lawsuit against an at-fault driver. However, different circumstances may alter the deadline for filing a pedestrian accident claim. For example, minor children injured in a pedestrian accident have until two years after their 18th birthday to file suit. Furthermore, pedestrian accidents caused by state or local government vehicles may require injured pedestrians to file a notice of their claims within 120 days after the accident.
Contact Our Wisconsin Pedestrian Accident Attorneys for Help
If you’ve been hurt in a pedestrian accident in Wisconsin, you could be entitled to compensation from the people responsible for what happened. Contact Schwaba Law Firm today for a free consultation with our pedestrian accident lawyers for experienced legal representation in your pedestrian-hit-by-car claim.
