Should I File an Insurance Claim for a Pedestrian Accident?

Were you hit by a motorist while you were walking? You can file a claim after a pedestrian accident to seek compensation for your injury. The negligent driver who caused the crash is financially responsible for your medical care and other expenses – and their liability auto insurance carrier should pick up the tab.

Will the Driver’s Insurance Cover My Injuries?

The negligent motorist’s auto insurance policy should cover your losses from the collision. However, the available coverage will depend on the policy limits.

Liability insurance covers the injuries, property damage, and other losses the policyholder causes others. Oklahoma law requires every motor vehicle driver to carry liability insurance with these minimum limits:

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident
• $25,000 for property damage

If a driver is at fault for hitting you with their vehicle, you can hold them accountable by filing a claim with their insurance carrier.

How Much Can I Recover from the Driver That Hit Me?

The money you can recover in a pedestrian accident case depends on multiple factors, including the available insurance policy limits, the severity of your injury, and your total accident-related costs. That said, you can claim compensation for the following losses:

• Medical expenses, including ambulance services, surgery, hospital stays, and rehab
• Lost wages
• Lost earning capacity
• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Damage to personal property

Are There Other Options to Help Pay for My Injuries?

The at-fault motorist might not have liability coverage. Even if they do, their policy limits might not be high enough to compensate you for your total losses. When that happens, there are other options to seek the money you need for your injuries, such as:

• UM insurance – Uninsured/underinsured motorist (UM) coverage is available when the driver responsible for a collision does not have liability car insurance or adequate limits. UM is optional in Oklahoma. If it’s on your auto insurance policy, you can file a claim with your car insurance company for compensation for your medical bills, lost wages, and pain and suffering.
• Medical Payments coverage – Medical Payments (MedPay) coverage is another optional type of insurance. It covers the cost of treatment of injuries in an accident regardless of who is at fault. The available coverage depends on the policy limit. MedPay can also pay copays or deductibles for other healthcare coverage, such as medical insurance.
• Legal action – You could also file a personal injury lawsuit against the driver. A lawsuit is a good option if the insurance company denies your claim or offers an inadequate settlement. You can also pursue a lawsuit if the at-fault driver doesn’t have liability insurance.

Can I Sue the Driver’s Employer If They Were on the Job When They Hit Me?

If the person who hit you was on the job at the time, you could hold their employer liable under specific circumstances.

Pursuing action against a driver’s employer requires proving multiple elements of the case, including that the driver was fulfilling their work-related duties when the crash occurred. If they were on their lunch break or driving home from work, their employer isn’t liable.

You can also hold a negligent motorist’s employer liable for an accident if the employer knowingly hired an inexperienced or dangerous employee. For example, if a trucking company hired a truck driver with a history of drunk driving, traffic law violations, or an expired commercial driver’s license, that company could be liable for injuries that driver caused you.

How Soon Should I File an Insurance Claim for the Pedestrian Accident?

Insurance companies often have deadlines for filing claims. You should check the relevant policy to determine whether you must file the claim within a specific timeframe. Some insurers suggest filing “promptly” or “within a reasonable amount of time.”

Regardless of any deadline, filing your claim promptly after the crash is essential. It sets your claim in motion sooner, while evidence is fresh and it’s easier to determine fault.

If the insurance carrier denies the claim or refuses to settle for a fair amount, pursuing a lawsuit is the next step. There is a strict time frame for filing. And if it has already passed, you will likely lose your right to compensation.

What Should a Pedestrian Do After Being Hit by a Car?

A pedestrian accident can leave you feeling overwhelmed by the consequences. However, taking immediate action is critical to your well-being. You must get treatment when you leave the crash scene so a doctor can examine you and begin treatment. Follow their recommendations to improve your prognosis.

Next, consult Edwards & Patterson Law. Although hiring a lawyer isn’t a requirement, having a legal team on your side increases your chances of a successful outcome. When you’re in pain and struggling to heal, the last thing you should have to do is deal with an insurance claim. We can take over and handle every aspect of your case so you can focus on treating your injuries.

You can help us pursue maximum compensation by maintaining thorough documentation after a pedestrian accident. That means keeping copies of your medical records, bills, and other information associated with the collision. The evidence you provide can help prove the extent of your injuries and the value of your case.

What Is the Statute of Limitations for a Pedestrian Accident Claim in Oklahoma?

The pedestrian accident statute of limitations in Oklahoma typically allows a two-year time frame for filing a lawsuit. That means you have two years from the crash date to begin your lawsuit against the negligent motorist.

If you don’t meet this deadline, you can no longer pursue financial recovery through a lawsuit. As the threat of legal action impacts insurance settlement negotiations, you may not be able to secure compensation through insurance either. A skilled Oklahoma pedestrian accident lawyer can determine any deadlines for your case and ensure you meet them.

Contact an Oklahoma Pedestrian Accident Lawyer

Edwards & Patterson Law understands the devastating aftermath of a pedestrian accident. We can relieve your burden by handling your case against the at-fault motorist, allowing you to concentrate on resting and recovering. Our team will provide guidance and support through this challenging experience to help get your life back on track.

If you sustained injuries in a pedestrian accident due to someone else’s negligence, call Edwards & Patterson Law today for a free consultation.

Visit Our Pedestrian Accident Injury Law Offices