California, and many other states, are considered “at-fault states” in the realm of auto insurance law. This means that in the event of a car accident, drivers must file a claim with the other driver’s insurance provider to recover compensation for their injuries. To receive damages for a motor vehicle collision in the state of California, it is essential to prove liability.
When a pedestrian accident occurs, and a driver hits a person with their car, the same principles apply. A driver who is at-fault for a pedestrian accident will be required to pay the injury victim, but in some cases, the responsible driver is uninsured. What do pedestrians do if they were hit by an uninsured driver?
Some states follow laws that are the opposite of California and other at-fault states, and are conversely identified as “no-fault states.” In a no-fault state, every person’s own insurance providers are responsible for paying the damages that result from an accident, so proving liability and filing a claim with the other driver’s insurance company is not necessary. In no-fault states, people who are hit by uninsured drivers will be covered as long as their insurance policy accounts for pedestrian accidents.
To secure compensation through your own provider following a pedestrian accident in an at-fault state with an uninsured driver, you must be protected by uninsured motorist coverage. Uninsured motorist coverage is an optional policy that provides insurance if a driver who does not have insurance causes your injuries. In an at-fault state, you will still need to prove that the other driver was responsible for the pedestrian accident in order to receive compensation.
It is possible for your insurance company to deny or undervalue your claim even if you have an uninsured motorist coverage plan. After an accident, speaking with an attorney is paramount. The B&D Law Group legal team can assist you following a claim denial, whether you were denied by your own insurance provider or someone else’s.
Call (888) 977-2238 or use our message form to speak about your accident case in a free consultation.