Insurance Coverage for Pedestrians in Pennsylvania

Get a FREE Consultation Google Reviews 5.0 Rating

Understanding insurance coverage for pedestrians in Pennsylvania is the first step towards empowerment during the claims process. After suffering devastating injuries in a pedestrian accident, the last thing on anyone’s mind is insurance coverage. However, knowing what you’re owed will help you protect your rights.

When you’re hit by a car while walking, several different types of insurance can help cover your medical bills and other expenses. At Munley Law, our pedestrian accident lawyers have helped clients recover substantial compensation and are confident we can do the same for you.

If you have more questions, call for a free consultation with a leading Pennsylvania pedestrian accident lawyer today.

Personal Injury Protection Coverage for Pedestrians

Pennsylvania operates under a no-fault insurance system. This means your own insurance coverage often pays first, regardless of who caused the accident. This system relies on Personal Injury Protection (PIP) coverage. Insurance claim form

PIP is required on Pennsylvania auto insurance policies. Every driver must carry at least $5,000 in PIP coverage. What many pedestrians don’t realize is that this coverage extends beyond car accidents. It covers you even when you’re walking.

With PIP, your own auto insurance policy pays first if you own a vehicle. Without your own policy, the system moves to a spouse’s or parent’s household policy. If no household policy exists, the driver’s insurance becomes responsible.

What Does PIP Cover?

PIP helps with immediate expenses following your accident, including:

  • Medical treatment and hospital bills
  • Lost wages if you miss work
  • Out-of-pocket expenses related to your injuries

The standard minimum coverage is $5,000, though many policies offer higher limits.

However, PIP has limitations for pedestrians in Pennsylvania. It doesn’t compensate you for pain and suffering or emotional distress. It also won’t cover property damage. For these losses, you’ll need other coverage options or pursue a claim against the at-fault driver.

Uninsured/Underinsured Motorist Coverage (UM/UIM)

Even with PIP coverage, you may face significant gaps in protection. This is where uninsured and underinsured motorist coverage becomes important for pedestrians.

When Does UM/UIM Coverage Apply?

Uninsured motorist coverage protects you when the driver who hits you has no insurance. Approximately one in seven Pennsylvania drivers operates a vehicle without insurance. Underinsured motorist coverage kicks in when the at-fault driver’s insurance isn’t enough to cover your damages.

For pedestrians, these scenarios are especially common in hit and run accidents. When a driver flees the scene, your UM coverage treats the situation as if the driver had no insurance.

How Does UM/UIM Work for Pedestrians?

Understanding insurance for pedestrians hit by a car in PA when the driver lacks adequate coverage starts with your own UM/UIM policy.

If you own a car and have UM/UIM coverage on your auto policy, that coverage extends to you as a pedestrian. If you don’t own a vehicle, you may be covered under a household member’s UM/UIM policy.

Pennsylvania requires drivers to carry minimum liability limits of $15,000 per person and $30,000 per accident. Unfortunately, serious pedestrian accidents often result in medical bills and damages that exceed these minimums.

Underinsured motorist coverage helps bridge this gap by supplementing the at-fault driver’s inadequate insurance.

The Limited Tort vs. Full Tort Exception for Pedestrians

Pennsylvania drivers must choose between limited tort and full tort options when purchasing auto insurance. This choice normally affects their ability to sue for pain and suffering after an accident. However, Pennsylvania pedestrian insurance coverage includes an important exception. 

If you were injured as a pedestrian, the limited tort restriction doesn’t apply (even if you selected limited tort on your auto policy). You have the full right to pursue compensation for pain and suffering and all other damages.

Can Pedestrians Recover Compensation Without Owning a Car in Pennsylvania?

Not owning a vehicle doesn’t mean a lack of insurance coverage for pedestrians in Pennsylvania. The state’s insurance laws provide multiple coverage pathways for non-drivers.

If you don’t own a car, Pennsylvania law allows you to access insurance coverage through several avenues.

First, household member policies often extend coverage to you as a pedestrian. If your spouse, parent, or other household member carries auto insurance with PIP and UM/UIM coverage, you’re typically covered under their policy when injured as a pedestrian.

Second, the at-fault driver’s liability insurance covers your injuries regardless of whether you own a vehicle. Their policy must compensate you for medical expenses, lost wages, pain and suffering, and other damages caused by their negligence.

Finally, the Pennsylvania Assigned Claims Plan exists specifically for residents without vehicle ownership or household coverage.

user-img

“At Munley Law, our mission is simple: to provide all injury victims equal access to justice, even against the most powerful entities. For more than 65 years, we have been the voice for the injured, the forgotten, and those who need someone to stand beside them in their darkest hour.”

Marion Munley

Personal injury attorney Marion Munley

Pennsylvania Assigned Claims Plan for Pedestrians

For pedestrians without any other insurance options, the Pennsylvania Assigned Claims Plan provides a safety net, though a limited one. Green man on traffic light

The plan serves Pennsylvania residents who lack access to PIP benefits and don’t own a registered vehicle. This applies to pedestrians who don’t drive, have no household members with auto insurance, and were hit by an uninsured or unidentified driver.

The Assigned Claims Plan offers $5,000 in medical benefits and up to $15,000 in bodily injury coverage. You must file your claim within four years of the accident.

Does Health Insurance Cover Pedestrian Accident Injuries?

The simple answer is, yes. Your health insurance can cover pedestrian accident injuries, but it typically serves as secondary coverage. As mentioned before, Pennsylvania’s no-fault system means PIP coverage pays for medical expenses up to your policy limits before other coverage. Once PIP is exhausted, your health insurance may step in to cover additional medical costs.

However, using health insurance comes with important considerations. Your health insurer may place a lien on any settlement you receive, requiring repayment for medical expenses they covered. This is called subrogation.

Additionally, health insurance won’t cover lost wages, pain and suffering, or other non-medical damages that auto insurance policies address.

If you lack PA auto insurance coverage and aren’t covered under a household policy, your health insurance becomes your primary option for medical treatment.

Maximizing Your Insurance Recovery After a Pedestrian Accident

Successfully navigating multiple insurance policies requires attention to detail and thorough documentation.

These tips will help you recover maximum compensation to cover the unexpected expenses from your accident injuries:

  • Document Everything from Day One: Keep detailed records of all medical treatment. Obtain copies of the police report and gather witness contact information. Take photos of your injuries as they heal and keep a journal documenting your pain levels and daily limitations.
  • Understand the Claims Process: Most pedestrian injury insurance claims in Pennsylvania begin with a PIP claim for immediate medical expenses. This provides quick access to treatment without proving who was at fault. Once you understand the full extent of your injuries, you can pursue a claim against the at-fault driver’s liability insurance. If that coverage proves inadequate or nonexistent, your UM/UIM coverage becomes the next avenue for recovery.
  • Watch for Common Insurance Company Tactics: Insurance companies are businesses focused on minimizing payouts to injured pedestrians. Be prepared for lowball settlement offers, especially early in your recovery. Insurers may delay processing your claim, hoping you’ll accept a lower settlement out of financial need. They may also dispute whether your injuries meet the “serious injury” threshold, though this doesn’t apply to pedestrians.

Contact a Personal Injury Lawyer at Munley Law

Contact Munley Law’s Pennsylvania Pedestrian Accident Attorneys Today

Unfortunately, the clock starts ticking immediately after a pedestrian accident occurs. Under 42 Pa. C.S.A. § 5524(2), injured victims only have two years from the date of the accident to submit pedestrian injury insurance claims in Pennsylvania. If you fail to file within that timeframe, you’ll forfeit all your rights to compensation.

Understanding the PA auto insurance coverage for pedestrians helps protect your rights and maximizes your recovery.

Named among Pennsylvania’s Best Law Firms and Super Lawyers, the Munley Law pedestrian accident team has nearly seven decades of experience and the resources to fight insurance companies and secure the compensation you need to move forward. Contact us today for a free consultation.

< Personal injury attorney Marion Munley

Marion Munley

Marion Munley has been practicing personal injury law for nearly 40 years. She is triple board-certified by the National Board of Trial Advocacy for Truck Accident Law, Civil Trial Law, and Civil Practice Advocacy. She currently serves as Vice President of the American Association for Justice, an organization dedicated to safeguarding victims’ rights. Marion has won many multimillion-dollar recoveries for her clients, including one of the largest trucking accident settlements in history. She has been named a Top 10 Super Lawyer in Pennsylvania since 2023, a Best Lawyer in America, and was recently inducted to the Lawdragon Hall of Fame.

Do I Have A Case?

If you think you may have a personal injury case, contact us now for a FREE consultation.

    [recaptcha]

    LCA
    PA Bar Association
    top 100
    Super Lawyers
    Best law firms
    best lawyers
    top 1% of trial lawyers
    av
    Irish Legal
    BBB Accreditation Badge The information contained on this website does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.
    844-263-8849