Who Is at Fault When a Pedestrian Is Injured in New York?
The driver is almost always 100% at fault when a pedestrian is hit by a car. Pedestrians hit by a car usually have a very valuable personal injury case. Even if you were partially at fault, the New York pedestrian accident lawyers at 1-800-HURT-911 — 1-800-487-8911 can get money for you.
A study by the San Francisco Department of Public Health and Municipal Transportation Agency found “64 percent of all collisions between people walking and driving are ‘driver at fault.” However, our experience with pedestrian accident cases in New York is closer to 90% of drivers being 100% at fault.
We are very good at proving that the driver was 100% at fault for causing pedestrian accidents and injuries. We usually submit a written argument to the court called a summary judgment motion to request an order from the court stating that the driver was 100% at fault/negligent.
If you’re looking for Pedestrian Accident Lawyers in New York, call the 1-800-HURT-911® Personal Injury Dream Team™ right now 7 days/nights for a free consultation with no obligation at 1-800-HURT-911 >> 1-800-487-8911
How Much Is a Pedestrian Accident Worth in New York?
An injury from a pedestrian accident is worth as much as the same injury from any other accident, but the car’s driver is often 100% at fault for a pedestrian accident, making pedestrian accidents worth more than other accidents.
Additionally, if the insurance company for the car doesn’t want to pay their insurance policy, we will usually file a motion for summary judgment asking the court to rule that the driver was 100% at fault, which entitles you to 9% interest from the day your judgment is filed.
Take a look at some of our personal injury settlements in New York.
If a turkey didn’t stop traffic for you, call 1-800-HURT-911!
Can Pedestrians Get Money for Personal Injury in a Hit & Run Accident?
Yes. Pedestrians injured in a hit-and-run accident in New York can receive money for medical treatment, lost wages, and pain and suffering.
You must file a police accident report within 24 hours, and you have a limited time to file an uninsured claim, usually 90 days from the date of your accident, so please call New York’s pedestrian accident lawyers immediately for a free consultation 1-800-HURT-911 — 1-800-487-8911
If you were walking on the sidewalk or crossing the street and the car that hit you left the scene, please call us so we can get you all of the benefits listed on this page, including money for medical treatment, lost wages, and pain and suffering.
Is it a Hit & Run accident if the driver stops but leaves without giving insurance?
Yes. We have had cases when a driver stopped after hitting a pedestrian to ask if the pedestrian was injured and then left the accident scene before police arrived without providing insurance information.
Even though the driver stopped, this is still a hit-and-run accident and is a felony. If this happens to you, you will still have insurance coverage to pay for your injury.
In two such cases, we were able to find the driver and their insurance. If we cannot find the driver, you will still have insurance coverage to pay for your injury.
Who pays when the accident was a Hit-and-Run?
If you have a car or live with a relative who has a car, you can receive money from the uninsured coverage of the insurance company for your or your relative’s car.
If you do not have a car and do not live with a relative who has a car, you can still receive money from MVAIC (Motor Vehicle Accident Indemnification Corporation). MVAIC is a New York State insurance company that pays benefits to pedestrians when there is no insurance.
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Can a Pedestrian Get Money if the Car Had No Insurance?
Yes. If you were a pedestrian and the car that hit you stopped but had no insurance, you can still receive money for medical treatment, lost wages, and pain and suffering.
Who pays when the car that hit me had no insurance?
You will be paid from the uninsured coverage of your insurance, a relative you live with, or MVAIC.
Can a Pedestrian Get Money if the Car That Hit Me Was Stolen?
Yes. If you were a pedestrian and the car that hit you was stolen and even left the scene, the car’s insurance company will deny insurance coverage. But you can still receive money for pain and suffering, medical treatment, and lost wages from the uninsured coverage of your insurance, a relative you live with, or MVAIC.
Who pays when the accident was caused by a stolen car?
If you have a car or live with a relative who has a car, you can receive money from the insurance company for that car.
If you do not have a car and do not live with a relative who has a car, you can receive money from MVAIC, the Motor Vehicle Accident Indemnification Corporation, which is a New York State insurance company that pays benefits to pedestrians when there is no insurance.
Can a Pedestrian Get More Money Than the Insurance the Car Has?
If you have a car or live with a family member or relative who has a car, and you or your relative has underinsured coverage, you can receive more money from the underinsured coverage of the insurance company for your or your relative’s car. Your family member’s insurance premium cannot be increased.
Note: Uninsured coverage on your insurance policy, or that of a relative you live with, or from the New York State agency MVAIC will cover you whether you are a pedestrian, riding a bicycle, or riding in a car.
Underinsured coverage on your insurance policy or that of a relative you live with will cover you whether you are a pedestrian, riding a bicycle, or riding in a car. See what you need to know about Underinsured coverage.
How Will a Pedestrian’s Medical Bills Be Paid in New York?
Pedestrians injured in New York receive insurance coverage for medical bills from the No-Fault insurance coverage of the car that hit or struck the pedestrian. (Think of No-Fault simply as health and disability insurance.)
A No-Fault application must be filed within 30 days of a pedestrian accident in New York. We will do that for you. If it is already more than 30 days after your pedestrian accident, it is possible that the hospital filed it for you, but you should not rely on that because the hospital will not be able to get the insurance information for the car that hit you. Let the New York pedestrian accident lawyers at 1-800-HURT-911 — 1-800-487-8911 file your No-Fault application for you.
What Medical Bills Will No-Fault Pay For in a Pedestrian Accident?
No-Fault insurance pays for:
- Hospital bills
- Medical bills, including medical doctors, chiropractors, dentists, plastic surgery
- Radiology, including X-Rays and MRI
- Physical Therapy
- Transportation to doctors
- Household help
- Lost wages/income
Can a Pedestrian Submit Medical Bills to Health Insurance?
If the pedestrian has health insurance coverage, New York State law requires that the pedestrian’s medical bills be submitted to regular health insurance only after the No-Fault insurance coverage has paid all of the money available under the policy or a No-Fault doctor has denied further payments.
How Much Medical Insurance Is a Pedestrian Entitled To?
Pedestrians are entitled to at least the New York State minimum no-fault $50,000 coverage. But there could be more if the car owner purchased additional coverage called OBEL (Optional Basic Economic Loss) or Additional PIP (Personal Injury Protection).
You will get this insurance coverage even if you were hurt in a hit-and-run with a stolen car, but a no-fault application must be filed within 30 days of your bicycle accident, so please call us immediately for a free consultation 1-800-HURT-911 — 1-800-487-8911
If I Can’t Work, Am I Entitled to Get My Lost Wages?
Yes, No-Fault coverage provides payments for lost wages. You should also file an application (DB-450) to receive New York State disability. No-Fault provides most of the lost wage payment, while New York State disability pays part of it. We can file this form for you.
To receive No-Fault payments for lost wages, You will need a letter every 30 days from your doctor stating that you are still unable to work. We can get this form from your doctor every month and forward it to the No-Fault insurance company for you.
We do not charge a legal fee for representing you with your No-Fault claim and lost wage claim.
Can a Pedestrian Get More No-Fault Insurance Than the Car Has?
If you are a pedestrian hit by a car or a passenger in someone else’s car and you also own your own car or live with a relative who owns a car, you may be able to combine or add together the no-fault insurance coverage from the car that struck you together with the no-fault insurance on your own car or your relative’s car.
For example, if you were struck down by a car and broke your leg, you might have received surgery and been hospitalized. After recovering in the hospital, the hospital will send you to a rehabilitation facility where you might stay for 6-8 weeks. The total cost of your medical treatment can easily exceed $50,000 or even $100,000.
What do you do if the car that hit you only has $50,000 No-Fault coverage and you do not have health insurance?
If the car that hit you has $50,000 No-Fault insurance coverage and either you or your relative also own a car with $175,000 No-Fault insurance coverage, when the first policy runs out of money, you can receive up to another $125,000 additional coverage from your or your relative’s policy.
When Do I Have to File a No-Fault Application to Pay My Medical Bills?
A pedestrian hit by a car or motorcycle must file a No-Fault application within 30 days of the accident. No-Fault is the insurance that pays your medical bills, transportation to doctors, drugs, lost wages, and household help.
Unlike an accident with two cars, when injured, a pedestrian hit by a car or a bicyclist hit by a car must file a No-Fault application with the insurance company insuring the car that struck you. Finding the right insurance company in a pedestrian accident can be very difficult. You could easily file your No-Fault application with the wrong insurance company and lose your benefits, but we will file it for you.
If you, the pedestrian, also own a car, you may have additional No-Fault coverage. For instance, the car that hit you may have the New York State minimum No-Fault coverage of $50,000, but you may have a policy providing $150,000.
Since the information you enter on the No-Fault application can hurt your case, it’s better to let us do it for you.
You only have 30 days to file a No-Fault application, so please call us immediately for a free consultation, and the New York pedestrian accident lawyers will file your No-Fault application for you. Just call 1-800-HURT-911 — 1-800-487-8911
What Is a “Legally Serious” Injury?
Like any other car accident, a pedestrian must prove that he or she has a “legally serious” injury. The definition of a “legally serious” injury is extremely confusing and difficult to prove, even for many lawyers. We have been extremely successful in proving that our clients sustained a “legally serious” injury. We have not had a case that was dismissed for failing to prove a “legally serious” injury.
An often overlooked injury in pedestrian accidents is a closed head injury. You may have hit your head and had a concussion. This is an injury that is extremely serious and can be worth more than $1 Million.
Head injuries are often overlooked because the pain from a concussion can go away, but the injured victim usually doesn’t understand the symptoms, which often never go away. Even treating doctors usually overlook these symptoms because the injury is in a different medical field than the doctor.
You may have an injury that is serious but isn’t life-threatening. Obviously, a pedestrian struck by a car may have far more serious injuries than is usually seen in a two-car accident.
When you have a serious injury, your medical bills can easily be over $50,000, and there may be a lien against your case to recoup the money paid for your medical bills.
We had a client who became a quadriplegic after she was struck by a car. Her medical bills at Stoney Brook Hospital, a New York State hospital, were almost $1,000,000. NYS sought to get the money back, and we successfully got NYS to waive the entire lien, so nothing was repaid.
NO Legal Fee for Estate Work for Wrongful Death!
We provide FREE legal services for estate work for a wrongful death lawsuit in the event that a bicyclist is killed and the family doesn’t have or doesn’t want to spend the money to hire an estate lawyer.
If you were hit by a car today or anytime, please call the New York pedestrian accident lawyers at 1-800-HURT-911 — 1-800-487-8911 so we can get money for you. Call now for a free consultation. If you have any of these serious injuries, you may be able to get a significant amount of money, and personal injury settlements are tax-free:
- Any broken bone, even a rib, finger, or toe
- Pain in your knee
- Pain in shoulder
- Pain in your wrist
- Pain in your neck
- Pain in your back
- You were in the hospital overnight
- You had any kind of surgery
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Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.