If I am injured in a Washington, D.C. pedestrian accident, which insurance policy covers my damages?
Pedestrian accidents with cars are unfortunately fairly common in the Washington, D.C. greater metropolitan area. With lots of traffic, poorly placed and marked crosswalks, and heavy foot traffic, the opportunity to be injured due to mistake becomes more and more likely, especially as the weather warms up and school is out of session.
The first thing you need to know about insurance coverage should you be hurt in an accident—even a very minor one—is whose fault the accident was. While pedestrians typically have the right of way, if you were entering a traffic movement area negligently, the accident may have been your fault. In that scenario, your own health insurance would cover your medical bills.
Unfortunately, the driver of the vehicle is typically the party found negligent in a pedestrian versus car accident scenario. In that scenario, your injuries and damages will be covered by the driver’s auto insurance policy’s liability coverage. If the car belongs to the driver’s employer—as is common in large cities such as Washington, D.C.—you will be able to file a claim against the employer as the owner of the vehicle.
Neither Virginia, Maryland, or Washington, D.C. are considered “no-fault” states, which requires insurance companies to cover the damages of their own clients up to a certain amount under a PIP policy, or personal injury protection.
If the driver flees the scene, your uninsured motorist coverage (or UM coverage) may cover your damages, as well.
If you have been hurt in a D.C., Northern Virginia, or Bethesda-area pedestrian accident, call the Bethesda pedestrian accident attorneys at Lewis & Tompkins today at 202.296.0666 for a free consultation.