How to File a Pedestrian Accident Insurance Claim
A person on foot has no car of their own in the crash, so the first question in a pedestrian claim is often whose insurance pays. The answer can be your own auto policy, a relative's, the driver's, or more than one of them, and it is different again when the driver leaves the scene. This guide explains which policies apply, the steps to file, and what to do in a hit-and-run.
What happens when you reach out
- You tell us what happenedSend the short form or call. It takes about a minute, and you share only what you are comfortable with.
- A claim specialist reviews itWe look at your deadlines, the insurer or agency involved, and the records your claim will need.
- We call you backUsually the same day, to explain your options. There is no cost and no obligation.
Prefer to talk now? Call (833) 333-0905 or text 954-933-5065.
Get help with your pedestrian claim
Hit while walking, running or cycling? Tell us what happened and a claim specialist will call you back.
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Why pedestrian claims are different
Pedestrians have no protection in a collision, so injuries tend to be severe. NHTSA reports that in 2024, 7,080 pedestrians were killed and more than 71,000 were injured on U.S. roads (NHTSA).
Because you were not driving, you may assume the driver's insurance simply pays. In practice, several policies can be involved, some pay regardless of fault and some only if the driver was at fault, and the order in which they pay depends on your state and on whether you or someone in your household owns a car.
Which insurance pays
Pays for injuries, lost income and pain and suffering, up to the driver's bodily injury limit.
In no-fault states, personal injury protection can pay part of a pedestrian's medical bills and lost income quickly.
Your own uninsured motorist coverage, or a household member's, can pay when the driver has no insurance, too little, or cannot be found.
Pays treatment costs in the meantime; your plan may ask to be repaid from a settlement.
How Florida no-fault applies to pedestrians
Florida's personal injury protection law covers people struck by a car while not in a vehicle, up to $10,000 in medical and disability benefits. Which policy pays depends on your situation:
| Your situation | Whose PIP usually pays first |
|---|---|
| You own a car insured in Florida | Your own PIP, even though you were on foot |
| You don't own a car but live with a relative who does | Your relative's PIP |
| You are a Florida resident with no PIP of your own or in your household | The PIP on the car that hit you |
Source: Fla. Stat. §627.736(1) and (4)(e). PIP benefits require initial treatment within 14 days. Injuries beyond what PIP covers are claimed against the at-fault driver's liability insurance, and a lawsuit for negligence must be filed within two years (§95.11).
The claim, step by step
Call 911 and get care
A police crash report identifies the driver and the vehicle. Get examined the same day; injuries such as concussions and internal bleeding are often missed at the scene.
Collect the driver's details
Name, phone, license plate, insurer and policy number. Photograph the car, the crosswalk or roadway, traffic signals and your injuries.
Find witnesses and video
Ask for names and numbers of anyone who saw the crash. Note nearby businesses, buses and traffic cameras, and ask for footage quickly before it is overwritten.
Notify the insurers
Report the crash to your own auto insurer, or your household's, for no-fault and uninsured motorist benefits, and open a claim with the driver's insurer.
Keep records and send a demand
Track medical bills, missed work and out-of-pocket costs. Once your doctor can describe your recovery, send a written demand to the driver's insurer.
Negotiate, or file before the deadline
If the insurer argues you were jaywalking or not visible, the fault rules in your state decide how much that matters. A lawsuit must be filed before the deadline if the claim does not resolve.
If the driver left the scene
Call the police right away so the crash is on record; many uninsured motorist policies require a prompt report for a hit-and-run claim. Your own uninsured motorist coverage, or a household member's, is usually where the claim is paid. Write down everything you remember about the car and keep any medical records that connect your injuries to the crash.
Wondering what a pedestrian case is worth? Our sister site TortAdvisor covers pedestrian accident lawsuits. This guide focuses on getting the insurance claim filed and paid.
Common questions
I don't own a car. Can I still get no-fault benefits?
In Florida, yes, in many cases. If no one in your household has PIP, a Florida resident struck by a car can usually claim PIP from the policy on the car that hit them.
What if I was crossing outside a crosswalk?
You may still have a claim. The insurer may argue you share the fault, which can reduce the payment depending on your state's rules, but the driver still had a duty to watch for pedestrians.
Does this apply to cyclists?
Often, yes. Florida's PIP coverage for people struck while not in a self-propelled vehicle can include cyclists, and the same liability and uninsured motorist claims apply.
Does it cost anything to have my claim reviewed?
No. The claim review is free and confidential.
Hit by a car while walking or cycling?
Call (833) 333-0905 any time, or send the short form. A claim specialist will help you work out which insurance applies.
Legal Lawsuit is an information and claim-review service, not a law firm, and does not provide legal advice. Contacting us does not create an attorney-client relationship. Insurance and fault rules vary by state and policy; confirm what applies to you with your insurer or a licensed attorney. Legal Lawsuit and TortAdvisor are under common ownership.
