Being struck by a vehicle can be life-altering. The situation can feel even more overwhelming if the at-fault driver is uninsured or underinsured. Fortunately, as a pedestrian in Los Angeles, you may have options for compensation under your auto insurance policy. For example, Uninsured/Underinsured Motorist (UM/UIM) coverage may apply. This coverage can help pay for medical expenses, lost wages, and other related damages if the driver who caused the accident is either unidentified, lacks insurance, or carries liability limits that are too low to fully compensate you.
A Los Angeles pedestrian accident lawyer at Salamati Law can conduct a detailed review of your auto insurance policy to identify all applicable coverage and advocate for your full entitlement under the terms of your policy. Where relevant, we may also coordinate with your health insurance to ensure you are not unfairly burdened with medical costs. Call for a free consultation today.
The At-Fault Driver’s Liability Coverage Limits
California follows an at-fault system for auto accident liability, meaning the driver who caused the accident is legally responsible for compensating the injured party’s damages, including medical expenses and lost income.
However, the extent of financial recovery often depends on the at-fault driver’s insurance coverage. California law requires drivers to carry minimum liability insurance of $15,000 for injury or death to one person, $30,000 for injury or death to multiple people, and $5,000 for property damage.
If you suffer serious injuries and the at-fault driver has only minimum coverage, that amount will likely be insufficient to cover your medical costs and other losses.
Uninsured and Underinsured Motorist Coverage
Your auto insurance policy may include uninsured and underinsured motorist (UM/UIM) coverage. Under California law, insurance companies are required to offer UM/UIM coverage when issuing an auto policy. However, policyholders may decline this coverage by signing a written waiver. Fortunately, many drivers choose to include it, recognizing its importance, especially since you cannot control whether the driver who injures you is adequately insured.
For example, you may be injured by a hit-and-run driver who is never identified, or by a driver with no insurance. Even if the at-fault driver has insurance, the minimum required liability limits in California may not come close to covering the cost of serious injuries.
UM/UIM coverage can help pay for medical expenses, lost income, and rehabilitation costs. In most cases, the UM/UIM coverage limit matches your liability limits, though you may have the option to select a different amount.
Medpay Coverage
Medical Payments coverage, or MedPay, is an optional benefit available under California auto insurance policies. It provides reimbursement for reasonable and necessary medical expenses resulting from an accident, including hospital care, ambulance services, imaging, and surgical treatment, up to the limits specified in the policy. MedPay may also help cover out-of-pocket costs such as health insurance deductibles.
In fatal pedestrian accident cases, MedPay can cover funeral and burial expenses. However, it does not compensate for lost income, injuries to other vehicle occupants, or any medical issues unrelated to the accident.
Personal Injury Protection (PIP)
Personal Injury Protection (PIP), more common in “no-fault” states, may be offered as optional coverage by some auto insurers in California. If you are a pedestrian struck by a vehicle and carry PIP coverage on your auto policy, that coverage may help pay for your medical expenses and, in some cases, lost wages, regardless of who was at fault for the accident.
PIP benefits are typically available to the policyholder, members of their household, and may extend to injuries sustained while walking or cycling. This means that even though you were not driving at the time of the incident, your PIP coverage could provide essential financial support for your recovery.
Schedule a Free Consultation
If you were seriously injured in a pedestrian accident, you need the services of an experienced Los Angeles pedestrian accident lawyer at Salamati Law. Schedule a free, no-obligation consultation today. We will evaluate your case and discuss your options. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your losses and damages.