Process for Insurance Claim After Pedestrian Hit by Driver in a Crosswalk

When a pedestrian is hit by a driver in a crosswalk, it's important to understand the correct procedure to ensure proper medical treatment and compensation. This article outlines the necessary steps, the potential sources of payment, and the legal considerations involved. Understanding these aspects can significantly improve your chances of receiving the care and compensation you need.

Steps to Follow After Being Hit by a Driver

When a driver hits a pedestrian in a crosswalk, the following steps should be taken immediately to protect your rights and secure the necessary support:

Seek Immediate Medical Attention: Ensure that you receive prompt medical treatment. The well-being of the pedestrian is the top priority. File a Police Report: Calling the police is crucial. A police report will document the incident, including the driver's license and insurance information. Obtain a copy of the report and keep it for your records. Contact Your Insurance Company: Provide the police report to your health insurance company. They may also require your medical invoices to process the claim. Notify the Driver's Insurance Company: Forward the police report to the driver's insurance company as well. They will handle the claims process and may offer a lump-sum settlement. Consult a Lawyer: If the insurance company refuses to cover all expenses, consider hiring a competent attorney to negotiate a fair settlement or take legal action.

Understanding the Sources of Payment

The sources of payment for medical bills can vary based on the jurisdiction and the type of insurance coverage available. In a no-fault state, the driver's no-fault insurance pays first. In other states, the pedestrian may have access to:

No-Fault Insurance (Primary Source): The driver's no-fault insurance pays the medical bills first. If no-fault insurance does not cover all the expenses, the pedestrian's auto Med Pay, health insurance (Medicare or Medicaid), or the driver's liability insurance will provide additional coverage. Auto Medical Payments (Med Pay): If the pedestrian has car insurance, the Med Pay coverage can provide financial assistance for medical expenses. Health Insurance: Personal health insurance, including Medicare and Medicaid, can also be a source of payment. Driver’s Liability Coverage: The driver's liability insurance will eventually provide money, but only after the no-fault and Med Pay coverage are exhausted.

Legal Considerations and Insurance Policies

It's important to note that the driver's auto insurance typically only pays if you are not employed in the skilled nursing industry or a patient. If you are an employee or a patient, the insurance company may state, “So he walked up and hit you…what's that got to do with us?” However, if you were struck by the driver's car, it's a different story, and the driver's insurance will be involved.

The driver's insurance does not pay medical providers directly. Instead, they pay a lump sum to the pedestrian, who then uses it to pay bills. If the lump sum is insufficient, the pedestrian's auto Med Pay and health insurance will cover the rest. Inactive or minimum coverage can leave the pedestrian financially vulnerable, potentially leading to bankruptcy.

To avoid these complications, it’s crucial to report the incident to the police and promptly seek professional legal advice. An attorney can help negotiate fair compensation and ensure that all available resources are utilized.

Conclusion

The process of obtaining insurance coverage and compensation for a pedestrian hit by a driver can be complex. Taking the necessary steps to protect your rights, secure medical treatment, and receive fair compensation is essential.