When a pedestrian is struck by a motor vehicle, the driver’s insurance will typically reimburse the medical costs associated with the pedestrian’s injuries. If the driver is uninsured or underinsured, then the uninsured motorist coverage that the pedestrian carries under their auto insurance policy will generally handle those costs.
Recovering full reimbursement for all costs and expenses resulting from a pedestrian accident in Texas is rarely as simple as filing an insurance claim. A pedestrian accident lawyer from Angel Reyes & Associates can help you collect the full amount you are entitled to claim from all liable parties and insurance companies.
What costs and expenses will be reimbursed by uninsured motorist coverage?
Even though Texas does not require drivers to carry uninsured motorist insurance, drivers should have it. By some estimates, up to 14% of all drivers in Texas do not carry any insurance. Suppose an uninsured driver strikes you. In that case, your own uninsured motorist bodily injury (UMBI) coverage will reimburse expenses for common injuries and damages, including medical bills, pain and suffering, and lost wages.
Will an insurance carrier deny coverage if a pedestrian was at fault for the accident?
A pedestrian can be at fault, for example, by crossing a street against a traffic light or not remaining within the crosswalk. Texas law applies a form of comparative negligence that might preclude an injured pedestrian from recovering damages. For example, if a pedestrian is determined to be more than 51% at fault for an accident. An experienced attorney will be your best advocate for negotiating with your insurance company to prevent any denial of UMBI coverage due to claims of personal fault.
What is the deadline to file a claim for UMBI coverage?
In response to the inquiry “is there a statute of limitations to file a claim for UMBI coverage,” pedestrians should understand that Texas law requires an injured party to file a lawsuit for damages within two years after an accident. Insurance companies typically impose a much shorter period for filing claims. Accordingly, a pedestrian who has suffered injuries should not hesitate to initiate a UMBI claim.
What actions should you take if you are injured in a pedestrian accident?
If you are confused about what to do if you’re hit in a pedestrian accident,remember that you should treat all pedestrian accidents in the same manner as you treat an automobile collision:
- First, always get prompt medical attention for your injuries
- Get the driver’s contact and insurance information
- File a police report about the accident
- Take photographs and collect as much information about the circumstances of the accident as you can
- File a claim with your insurance carrier
- Retain a car accident lawyer who has experience in pedestrian accident claims and lawsuits
Call Angel Reyes & Associates for a Free Consultation
For knowledgeable and experienced representation in car-pedestrian accident cases, please see our website or call us at Angel Reyes & Associates for a free consultation on how we can help you recover the largest available damages award for your losses and injuries.