Pedestrian accidents often leave victims suffering from catastrophic injuries. Being hit by a moving vehicle—even when the vehicle is traveling at a relatively slow speed—can cause severe trauma that leads to expensive medical bills, missed time from work, and a long and difficult road to recovery. Recovering financial compensation for these losses requires prompt legal action, and hiring an experienced Birmingham pedestrian accident attorney is the first step in the process.
When you hire an experienced Birmingham pedestrian accident attorney to represent you, one of your attorney’s first steps will be to determine what he or she can do to seek just compensation on your behalf. In many cases, seeking just compensation for a pedestrian accident involves filing a claim with the at-fault driver’s auto insurance company.
Auto Insurance Covers Pedestrian Accidents
While auto insurance covers collisions between motor vehicles, it also covers accidents involving pedestrians. Since auto insurance is mandatory in Alabama, coverage will be available to injured pedestrians in many cases.
But, securing auto insurance coverage for a pedestrian accident involves much more than just filing a claim.
To secure coverage under the at-fault driver’s insurance policy, there are two things you need to prove. The insurance company isn’t simply going to accept responsibility, and it isn’t going to calculate your losses for you. As a result, in order to file a successful auto insurance claim after a pedestrian accident, you must be able to both:
- Prove that the driver is responsible for your injuries; and,
- Prove how much you are entitled to recover.
With this in mind, if the driver who hit you has auto insurance, there are several steps you will need to take to maximize your chances of filing a successful claim. Most importantly, you will need to hire an experienced Birmingham pedestrian accident attorney right away. Once you hire an attorney, your attorney will be able to quickly conduct an investigation focused on gathering the evidence needed to prove that the driver was at fault in the accident.
Your attorney will also be able to assist with proving how much you are entitled to recover.
The financial and non-financial costs of a pedestrian accident can be substantial. If the driver was at fault in your accident (and he or she has auto insurance), you are entitled to seek financial compensation for all of these costs from his or her insurance company. But, as we said above, the insurance company isn’t going to calculate your losses for you—in fact, it is going to try to pay you as little as possible. As a result, you need to make sure you are seeking full compensation for your losses, and this requires experienced legal representation as well.
Do You Have a Claim Under Your Auto Insurance Policy?
While drivers are required to have auto insurance under Alabama law, some don’t. Additionally, even if the driver who hit you has auto insurance, the financial and non-financial costs of your pedestrian accident could easily exceed his or her policy limit. So, what are your options if the driver who hit you doesn’t have insurance (or doesn’t have enough insurance) to cover your losses?
In this situation, you may be able to file a claim with your auto insurance company—or possibly with a family member’s auto insurance company if you don’t have coverage yourself.
If you have auto insurance (or if a member of your household has auto insurance), you may be able to seek two types of coverage for your pedestrian accident. However, both of these types of coverage are optional in Alabama, so you will need to determine if they are available to you. Along with the at-fault driver’s liability insurance, the other types of auto insurance that may apply after a pedestrian accident are:
- Medical Payments (“Med Pay”) Coverage – Medical Payments (“Med Pay”) is a type of no-fault auto insurance coverage. This means that policyholders (and, in many cases, their family members) can seek this coverage regardless of who is to blame for their accident-related injuries. However, Med Pay limits are usually fairly low, and this type of insurance only covers medical bills and certain other out-of-pocket costs.
- Uninsured/Underinsured Motorist (UIM) Coverage – Uninsured/underinsured motorist (UIM) coverage can serve as either a substitute or supplement to an at-fault driver’s liability insurance. Similar to liability insurance, UIM covers all accident-related losses, including not only medical bills and other out-of-pocket costs, but lost earnings, pain and suffering, and other financial and non-financial losses as well.
Uninsured/underinsured motorist insurance also applies in cases involving hit-and-run pedestrian accidents. If the driver who hit you fled the scene and can’t be identified, then filing a UIM claim (if you have access to this coverage) could be your best option for seeking the financial compensation you deserve.
How Do You File an Auto Insurance Claim for a Pedestrian Accident?
With all of this in mind, how do you file an auto insurance claim for a pedestrian accident in Alabama? While pedestrian accident victims can try to file auto insurance claims on their own, we strongly recommend working with an experienced attorney. From gathering the evidence needed to prove liability to calculating your losses and negotiating effectively with the insurance companies, there are many aspects of the process that require experienced legal representation.
When you hire a Birmingham pedestrian accident attorney to handle your claim (or claims), you should not have to pay anything out of pocket. Additionally, even taking your legal fees into account (which will be calculated as a percentage of your recovery if your pedestrian accident case is successful), if your losses are substantial, you are still likely to take home more with an experienced attorney on your side.
Request a Free Consultation with a Birmingham Pedestrian Accident Attorney
If you need to know more about filing an auto insurance claim after a pedestrian accident in Alabama, we invite you to get in touch. Call 205-855-2745 or contact us online to schedule a free consultation with an experienced Birmingham pedestrian accident attorney today.