Uninsured Motorist Coverage After a Pedestrian Hit and Run Accident

Imagine you’re walking down the street, enjoying a sunny day, when suddenly, a car strikes you, and the driver speeds away. The immediate aftermath is a blur of pain, confusion, and the daunting realization that you’ve been the victim of a hit-and-run. What happens if the driver is never found, or worse, is uninsured? Sadly, hit-and-run accidents are tragically common. In 2022, 2,468 Chicago pedestrians were struck by a vehicle, and nearly 40% of these pedestrian accidents qualified as hit-and-runs. Fortunately, Uninsured Motorist (UM) coverage can provide a crucial safety net in such devastating situations.

Understanding Uninsured Motorist Coverage

Uninsured Motorist (UM) coverage is a component of your auto insurance policy that protects you and your family if you’re injured by an uninsured driver. This coverage extends beyond just car accidents; it can also apply if you’re injured as a pedestrian. Many people are surprised to learn that their own auto insurance policy can provide coverage even when they aren’t in their vehicle.

UM coverage typically comes in two forms:

Uninsured Motorist Bodily Injury (UMBI): This covers medical expenses, lost wages, pain and suffering, and other related costs if you’re injured by an uninsured driver.
Uninsured Motorist Property Damage (UMPD): While not available in all states, this covers damage to your vehicle or other property caused by an uninsured driver.

How UM Coverage Applies to Pedestrian Hit and Run Accidents

If you’re a pedestrian injured in a hit-and-run accident by an uninsured driver, UM coverage can help with the financial burdens you face. In many states, including Illinois, UM coverage is required by law, ensuring a minimum level of protection. For instance, Illinois mandates a minimum of $25,000 per person and $50,000 per accident in UM coverage.

UM coverage can apply whether you were:

Crossing the street at an intersection
Walking in a crosswalk
Standing on a sidewalk
In a parking lot
On the side of the road

As long as you’re considered a “covered person” under the policy, UM coverage is generally available, even though you weren’t occupying a vehicle at the time of the accident.

What to Do After a Pedestrian Hit and Run Accident

Seek Medical Attention: Your health is the top priority. Get immediate medical attention for your injuries.
Report the Accident: File a police report as soon as possible. This is crucial for documenting the incident and can be a requirement for your UM claim.
Notify Your Insurance Company: Inform your insurance company about the accident promptly. Many policies have strict deadlines for reporting incidents.
Gather Evidence: Collect any evidence you can, such as photos of the scene, witness statements, and any other relevant information.
Consult an Attorney: Contact a personal injury attorney experienced in pedestrian accidents and UM claims. They can help you navigate the legal process and ensure your rights are protected.

Compensation You Can Recover

A UM claim for a pedestrian accident can include compensation for:

Medical Bills: Coverage for all necessary medical treatment, including hospital stays, surgeries, physical therapy, and medications.
Rehabilitation Costs: Compensation for ongoing rehabilitation and therapy needed to recover from your injuries.
Lost Income: Reimbursement for lost wages if you’re unable to work due to your injuries, as well as loss of future earning capacity.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident.
Emotional Distress: Coverage for psychological trauma, anxiety, and depression resulting from the accident.
Permanent Disability or Disfigurement: Compensation for any long-term disabilities or disfigurement resulting from the accident.

Hit and Run Specifics

In hit-and-run cases, your insurance company may require additional documentation, such as:

A police report of the incident
Prompt notification of the accident
Witness statements or surveillance footage

Even if the driver is never found, you can still file a UM claim as long as there’s evidence that a vehicle was involved.

The “Contact Rule”

Some states have a “contact rule,” which requires physical contact between your body and the uninsured vehicle for UM coverage to apply in a hit-and-run. However, many states are moving away from this rule, recognizing that it can unfairly deny coverage to victims who are clearly injured by an uninsured vehicle, even without direct contact.

Stacking Benefits

In some cases, you may be able to “stack” UM benefits if you have multiple vehicles insured under the same policy or if you’re covered under another family member’s policy. For example, if each of a family’s two vehicles has $50,000 of UM coverage, you may be able to file claims under each policy for a total benefit of $100,000.

What if You Don’t Have a Car or Auto Insurance?

Even if you don’t own a car or have your own auto insurance policy, you may still be covered under a family member’s policy if you live in their household. Additionally, some states have a state fund, like the Maryland Automobile Insurance Fund’s (MAIF) Unsatisfied Claim and Judgment (UCJ) division, that can provide compensation to uninsured pedestrians injured in hit-and-run accidents.

Dealing with Insurance Companies

Insurance companies may try to deny or undervalue UM claims, even though you’re entitled to coverage. They may argue that you were partially at fault for the accident or dispute the extent of your injuries. It’s essential to have an experienced attorney on your side to negotiate with the insurance company and protect your rights. If your insurance company has unreasonably denied your claim or acted in bad faith, you may have grounds for a legal claim against them.

The Importance of Legal Representation

Navigating the complexities of UM coverage and hit-and-run accidents can be overwhelming. An experienced personal injury attorney can:

Investigate the accident and gather evidence
Determine all available sources of coverage
Negotiate with the insurance company
File a lawsuit if necessary
Represent you in court

By working with an attorney, you can focus on your recovery while they handle the legal aspects of your claim.

Don’t Wait, Take Action

If you or a loved one has been injured in a pedestrian hit-and-run accident, don’t wait to take action. Contact a qualified personal injury attorney to discuss your options and protect your rights. Uninsured Motorist coverage is there to help you, but you need to take the necessary steps to access it.