Pedestrians might suffer massive injuries after an accident involving a motor vehicle. Even a so-called “minor injury” could leave someone with significant emergency room bills. Auto liability insurance provides accident victims with a way to recover financial losses after an accident, but drivers don’t always follow Georgia laws and carry insurance. Could an injured pedestrian file a claim under their uninsured or underinsured driver coverage?
Uninsured and underinsured pedestrian accident claims
Georgia statutes establish minimum auto liability insurance coverage amounts for car owners and drivers. Unfortunately, research suggests that 12% of drivers do not carry auto insurance. Therefore, anyone hit by an uninsured driver must file a claim on their uninsured or underinsured motorist policy coverage.
When a person is out walking, jogging or riding a bicycle and suffers an injury, they could still file an uninsured motorist claim on their policy. Even though the victim was not driving, the incident involved an auto collision. Therefore, making a claim is a possible option.
Anyone without auto insurance could not file a claim, however. Individuals who don’t own a car might wish to consider a non-owner policy. This way, they could have access to uninsured motorist coverage if involved in any car accidents while walking.
Filing a lawsuit against an uninsured driver
If a pedestrian does not have an owner or non-owner auto insurance policy, a lawsuit against the driver might be an option. Unfortunately, if the negligent party has little or no assets, a lawsuit might not recover much. With that said, there could be other liable parties that might face a suit. Also, if an insurance company tries to get out of paying a valid claim, the victim may sue the provider.
An attorney may be able to negotiate with an insurance company for a reasonable settlement amount. The attorney might also discuss civil lawsuit options with the client if such litigation appears feasible.