Pedestrian accidents are a serious concern in Indiana. When a person is struck by a vehicle, the aftermath can be overwhelming. Not only can injuries be severe, but understanding how to navigate the insurance process can be confusing. In Indiana, the rules and coverage related to pedestrian accident claims can be a bit different from other types of car accidents. It is essential for pedestrians and their families to understand their rights, what types of insurance coverage may apply, and how to move forward after such an incident. Wyant Law provides skilled legal representation to guide you through the complexities of pedestrian accident cases, ensuring your rights are protected and you receive fair compensation.
What Happens After a Pedestrian Accident in Indiana?
After a pedestrian is hit by a vehicle, the most important thing to focus on is safety and medical care. However, once the immediate crisis is addressed, attention quickly shifts to the question of insurance coverage. Unlike a typical car accident where both drivers have insurance, a pedestrian accident involves an individual who may not have any direct insurance related to the event. This makes understanding how the involved parties’ insurance policies work together essential.
Indiana operates under a fault-based insurance system. This means that the driver’s insurance typically covers the damages and injuries caused in the accident. If the driver was at fault, their insurance should be responsible for paying for the medical bills, lost wages, and other damages the pedestrian suffers. However, this is only part of the picture. What happens if the driver does not have enough insurance to cover the pedestrian’s expenses? What if the driver was uninsured? This is where things become more complicated.
How Does Insurance Work in Pedestrian Accident Claims?
In Indiana, drivers are required to carry a minimum level of liability insurance. This coverage is meant to protect others when the driver causes an accident. When a pedestrian is hit, the driver’s liability insurance is supposed to cover the pedestrian’s injuries. The coverage includes paying for medical treatment, rehabilitation, lost wages, and even pain and suffering.
However, the minimum required insurance limits in Indiana may not be enough to cover all of the pedestrian’s expenses. For example, if the pedestrian suffers serious injuries that require extensive hospital stays, surgeries, or long-term rehabilitation, the medical bills could quickly exceed the driver’s coverage limits. In these situations, the pedestrian may need to explore other options.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
What if the Driver Doesn’t Have Insurance or Enough Coverage?
Unfortunately, not all drivers in Indiana carry insurance. Some drivers may have insurance, but their coverage limits may be too low to cover all the damages caused in a pedestrian accident. When this happens, the pedestrian may be left with significant medical bills and other expenses.
If the driver is uninsured or underinsured, the pedestrian may be able to turn to their own insurance policy for help. This is where uninsured or underinsured motorist coverage comes into play. In Indiana, uninsured and underinsured motorist coverage is required unless the driver specifically rejects it. If a pedestrian has this coverage as part of their own auto insurance policy, it may help cover the remaining expenses when the at-fault driver’s insurance is not enough.
Uninsured motorist coverage helps when the driver who hit the pedestrian does not have any insurance. This coverage can step in to pay for the pedestrian’s medical expenses, lost wages, and other damages. Underinsured motorist coverage works similarly, but it applies when the at-fault driver has some insurance, but not enough to cover all of the pedestrian’s expenses. In either case, the pedestrian’s own insurance policy can provide a safety net to cover the shortfall.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
The Importance of Medical Payment Coverage (MedPay)
Another type of insurance that can come into play in Indiana pedestrian accidents is medical payment coverage, often called MedPay. MedPay is an optional coverage that can help pay for medical bills after an accident, regardless of who was at fault. If a pedestrian has MedPay as part of their auto insurance policy, this coverage can be used to help pay for medical treatment after being struck by a vehicle.
Unlike liability insurance, which only kicks in if the other party is at fault, MedPay can help cover expenses right away. This is especially helpful when the at-fault driver’s insurance is delayed or when there are questions about who was responsible for the accident. MedPay coverage can provide quick access to funds that help pay for emergency room visits, hospital stays, surgeries, and rehabilitation.
Steps to Take After a Pedestrian Accident in Indiana
After a pedestrian accident, there are several important steps that must be taken. First, the pedestrian should seek immediate medical attention, even if their injuries seem minor. Some injuries, like concussions or internal bleeding, may not be immediately apparent, and a doctor’s evaluation is crucial to ensure all injuries are identified and treated.
Next, it is important to gather as much information as possible about the accident. If possible, the pedestrian should collect contact and insurance information from the driver, take photos of the accident scene, and speak to any witnesses. This information will be helpful when filing an insurance claim or a legal case later on.
The pedestrian should also notify their own insurance company about the accident, even if they were not driving at the time. Depending on the type of coverage the pedestrian has, their own insurance policy may be a valuable resource in covering medical expenses and other damages.
Finally, the pedestrian may need to speak with a legal guide who understands Indiana pedestrian accident claims. Navigating the insurance process can be complicated, especially when dealing with large medical bills or uncooperative insurance companies. Having someone knowledgeable in this area can make a significant difference in securing the compensation needed to recover fully.
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When Should a Legal Guide Be Involved?
Not all pedestrian accidents require the involvement of a legal guide, but in many cases, it can be helpful. If the injuries from the accident are serious, or if the insurance company is denying or delaying payment, a legal guide can help the pedestrian understand their rights and options.
Insurance companies may not always offer fair compensation upfront. In some cases, they may try to minimize the pedestrian’s injuries or place some of the blame on the pedestrian to reduce the amount they have to pay. When this happens, a legal guide can help advocate for the pedestrian’s best interests.
Additionally, if the pedestrian is dealing with an uninsured or underinsured driver, navigating the claims process can become more complex. A legal guide can assist in identifying all possible sources of compensation, including the pedestrian’s own insurance policies.
Why Is Insurance Coverage Complicated in Pedestrian Accidents?
Insurance coverage in pedestrian accidents can be complicated because there are many factors at play. The at-fault driver’s insurance is the first place to look for compensation, but when that coverage falls short, the pedestrian may need to rely on their own insurance policy. Each type of insurance—liability coverage, uninsured motorist coverage, underinsured motorist coverage, and MedPay—works differently, and understanding how they interact is not always straightforward.
In some cases, the insurance company may deny the claim or offer less compensation than the pedestrian needs to cover their expenses. This is why it is important to understand the different types of insurance coverage available and how they can be used to help pay for medical bills, lost wages, and other damages after a pedestrian accident.
Moving Forward After a Pedestrian Accident in Indiana
Recovering from a pedestrian accident takes time. The physical and emotional toll can be significant, and dealing with insurance companies can add an additional layer of stress. However, by understanding the types of insurance coverage available and taking the right steps after the accident, pedestrians and their families can secure the compensation they need to move forward.
If you or a loved one has been injured in a pedestrian accident, Wyant Law is here to help. Our team understands the complexities of insurance coverage in Indiana pedestrian accident claims, and we are dedicated to helping you navigate the process. Whether you are dealing with an uninsured driver, struggling to get the compensation you deserve, or simply need guidance through the claims process, we are ready to assist. Contact Wyant Law today to discuss your case and learn how we can support you in your recovery journey.
