Does Uninsured Motorist Coverage Apply to Pedestrians in New York?
Getting hit by a car while walking can change your life in an instant. You might face significant medical bills, time off work, and long-term injuries. The situation gets even more stressful if the driver who hit you doesn’t have insurance, has insufficient insurance, or flees. In such cases, it is understandable to feel worried. What are your legal rights in such a case? A common question that people ask in such situations is “Can I file an uninsured motorist claim?” In many cases, the answer is yes. Read on to learn more!
New York’s No-Fault System and Pedestrians
New York operates under a no-fault insurance system. This means that after a car accident, certain benefits are available regardless of who was at fault for the accident. Under New York no-fault laws, pedestrians hit by motor vehicles are treated as “covered persons.” As covered individuals, injured pedestrians are generally entitled to Personal Injury Protection (PIP) benefits, which can cover:
- Necessary medical treatment, and
- A portion of lost wages, up to certain limits
Usually, PIP benefits come from the at-fault driver. However, if you own a car, your own insurer pays first. If the at-fault driver is uninsured, another applicable auto policy may cover no-fault benefits.
However, no-fault benefits may not fully cover severe injuries and do not cover pain and suffering. When damages exceed no-fault limits, uninsured motorist coverage may become critical.
How Uninsured Motorist Coverage Can Protect Pedestrians
In New York, uninsured motorist (UM) coverage kicks in when the at-fault driver does not have auto insurance. New York also has what is referred to as underinsured motorist or Supplemental Uninsured Motorist (SUM) coverage, which applies when the at-fault driver’s liability limits are too low to compensate you for your injuries fully.
In New York, pedestrians may be covered under UM or SUM coverages if:
- They have their own auto insurance policy that includes UM/SUM coverage, or
- They live with a family member who has an auto policy that covers residents residing in the same household as them
While the injured pedestrian was not driving, many New York auto insurance policies considered injured pedestrians as covered individuals for UM/SUM purposes.
Hit-And-Run Pedestrian Accidents
Suppose you got into a pedestrian accident and the driver who hit you fled the scene. In New York, if a pedestrian is hit by a driver who then flees the scene, UM coverage may apply as long as certain requirements are met, including promptly reporting the accident to the police. Insurance companies often deny UM claims if there isn’t a timely police report, even when the injuries are severe.
What if You Don’t Have Auto Insurance or Access to a Household Policy?
If you don’t own a car or have access to a household auto policy, you may be wondering whether you have any legal options. You do. You may seek compensation through the Motor Vehicle Accident Indemnification Corporation (MVAIC). This state-created entity compensates people who are injured by uninsured or unidentified drivers when no other insurance applies. MVAIC has strict notice and eligibility requirements, so it is imperative that you seek legal help immediately.
However, while UM/SUM and MVAIC claims can provide critical compensation, the process of filing and proving these claims can be complex. It’s best to work with an attorney.
Contact Us for Legal Help
If you’ve been injured as a pedestrian by an uninsured or underinsured driver or an unidentified driver, contact our experienced Long Island car accident lawyers at Jacobson Law for help protecting your rights.