Pedestrian accident settlement: who pays when a car hits you
A car hit you while you were walking? Call for a free review.
A pedestrian accident settlement is paid mostly by the driver’s insurer and it is figured like any injury claim. In 2024, 7,080 pedestrians were killed and more than 71,000 were injured on U.S. roads, per NHTSA.
Which insurance pays a pedestrian
- The driver’s liability insurer, for your bills, lost pay and pain.
- In a no-fault state, your own auto policy’s PIP may pay medical bills first.
- Your own uninsured motorist coverage, if the driver had no insurance or drove off.
- Your health plan, while the claim is open. It may want repayment from the settlement.
A quarter of pedestrian deaths in 2024 came in hit-and-run crashes, per IIHS.
Fault when you were on foot
Insurers look for anything to blame on the walker: crossing outside the crosswalk, dark clothes at night, a phone in hand. Your share of fault comes off what you are paid in most states.
In Alabama, District of Columbia, Maryland, North Carolina and Virginia, any share of fault can bar the claim. Every other state’s rule is on the at-fault page.
A pedestrian accident settlement example
| Part | Low | High |
|---|---|---|
| Medical bills | $22,000 | $22,000 |
| Lost pay | $6,000 | $6,000 |
| Pain (2 to 4 times bills) | $44,000 | $88,000 |
| Total | $72,000 | $116,000 |
Put your own figures in the settlement calculator. Half the blame on her would cut the total in half in a pure-fault state.
Steps after a car hits you
- Call the police, even for a slow parking-lot hit and get the report number.
- Get the driver’s name, insurer and plate and the names of anyone who saw it.
- See a doctor the same day or the next.
- Photograph the spot, the lights and signs and your shoes and clothes.
Deadlines
Your state sets the deadline to sue, counted from the day of the crash.See your state.
Pedestrian accident settlement questions
Who pays when a car hits a pedestrian?
The driver’s liability insurer, in most cases. In a no-fault state, your own PIP may pay your medical bills first, even though you were on foot.
Can I get a settlement if I was not in a crosswalk?
Often yes. Your share of the blame comes off the total in most states. In a few states, any share of fault can bar the claim.
What if the driver drove off?
Your own uninsured motorist coverage may pay, even though you were walking. See the hit and run page.
What is the average pedestrian accident settlement?
No public record tracks it. Pedestrians are often badly hurt, so bills and the pain part both run high.
Before you answer the adjuster
Signing a release ends your claim for good. Across the country, the window is two or three years in most places from the crash date to file. Call us 24/7 before you talk to the driver’s insurer and keep the police report number.
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