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Does Insurance Cover Pedestrian Accidents?

Posted on 03/11/25

Pedestrian accidents can be devastating, leaving you with piles of medical bills and possibly out of work. In times like this, you may be trying to figure out how to pay your bills and keep your life functioning. In most cases of car accidents, mandated car insurance provides some degree of coverage for the injured parties, but for pedestrians, this may become a little more complicated. You may want to speak with a Buffalo pedestrian accident attorney with Towey Law PLC to determine if and which insurance policy covers your injuries.

Types of Insurance that May Cover Injuries in Your Pedestrian Accident

If you have been injured in a pedestrian accident and you were the driver, your car insurance will likely cover your injuries regardless of fault. Your Personal Injury Protection (PIP) provides up to $50,000 per person in economic damages. These may include medical bills, lost wages, and other reasonable related expenses. Due to New York’s “no-fault” system, these claims often cover drivers, passengers, and pedestrians.

If you are an injured pedestrian and unable to file a claim through the driver’s PIP policy and don’t have your own auto coverage, you have other options. According to the New York Department of Financial Services, you may have the option to file a claim through the auto insurance policy of a household family relative if they had valid coverage at the time of the accident. 

If no one in your household has a policy, you are eligible to file under, you still have options. The Motor Vehicle Accident Indemnification Corporation (MVAIC) provides bodily injury and no-fault to eligible injury victims. Whether you were injured in an Uber/Lyft accident or hit by a bus, you have options to recover the costs of your treatment. 

Utilizing Heath Insurance 

If you have health insurance, you may consider using that to help cover a portion of your costs. This is absolutely something that is okay to do. However, they may then consider themselves one of the victims and collect a portion of your settlement to recoup those costs, so this is something to discuss with your Buffalo accident attorney as you move through your case.  

When Insurance Fails to Cover the Costs

If the insurance claim fails to cover the costs of your injuries, you may consider filing a personal injury lawsuit in Buffalo to cover the difference between what you received and what is owed. When you do this, you may also be able to recover costs for non-economic damages that most no-fault insurance policies would not cover. 

When you are injured in an accident, time is of the essence. If you delay attempts at recovery, you may find that you have exhausted the statute of limitations for car accident claims, leaving you without recourse to seek compensation through an insurance claim or lawsuit. Even with an attorney, investigating the case, treating your injuries, and negotiating with the insurance company can take months, leaving you without much time to decide to take further legal action. 

If you have concerns about how you will pay for your injuries after a pedestrian accident or how much time you have to decide what to do, Towey Law PLLC is here. You can schedule a free consultation with us, and we can discuss your options.