Does auto insurance cover hitting a pedestrian?
Yes, auto insurance will pay if you hit a pedestrian as long as you're carrying liability car insurance. If you live in a tort state, and the pedestrian is found at fault for the accident, then they will be liable for their own injuries as well as their own. Regardless, you should always carry at least liability auto insurance in order to cover damages and injuries in case you hit an uninsured or underinsured pedestrian or motorist. Enter your ZIP code below to start comparing liability auto insurance quotes for free.
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Michael Leotta
Insurance Operations Specialist
Michael earned a degree in Business Management with an insurance focus, which led to a successful 25-year career in insurance claims operations and support. He possesses a high-level of business acumen across multiple areas of the insurance industry. Over the course of his career, he served in multiple roles supporting claims operations including: Claims Specialist, Claims Trainer, Claim Automatio...
Insurance Operations Specialist
UPDATED: Nov 8, 2023
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Advertiser Disclosure: We strive to help you make confident auto insurance decisions. Comparison shopping should be easy. We are not affiliated with any one auto insurance provider and cannot guarantee quotes from any single provider.
Our insurance industry partnerships don’t influence our content. Our opinions are our own. To compare quotes from many different companies please enter your ZIP code on this page to use the free quote tool. The more quotes you compare, the more chances to save.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.
UPDATED: Nov 8, 2023
It’s all about you. We want to help you make the right coverage choices.
Advertiser Disclosure: We strive to help you make confident auto insurance decisions. Comparison shopping should be easy. We are not affiliated with any one auto insurance provider and cannot guarantee quotes from any single provider.
Our insurance industry partnerships don’t influence our content. Our opinions are our own. To compare quotes from many different companies please enter your ZIP code on this page to use the free quote tool. The more quotes you compare, the more chances to save.
On This Page
Hitting a pedestrian with your vehicle can cause serious injuries. When you hit a pedestrian with your vehicle, will car insurance pay? Can a pedestrian ever be found ‘at fault’ for a collision with a vehicle?
Today, we’re explaining everything you need to know about whether or not car insurance pays if you hit a pedestrian.
Liability Car Insurance Covers the Medical Costs of People You Injure
Every state in America requires you to have liability insurance. Liability insurance covers the medical expenses and other costs of anyone you injure on the road.
Read more: Does my auto insurance cover my medical expenses after an accident?
If you collide with another driver, for example, and the other driver needs to go to the hospital, then your car insurance will cover these medical bills.
Car insurance also covers other people you injure – like passengers in another vehicle or pedestrians you hit.
Whether you collided with another vehicle or a pedestrian, your liability car insurance will cover certain expenses of the injured party (assuming you are at fault), including:
- Medical bills
- Pain and suffering
- Lost wages
- Other damages
Every state requires you to have specific liability limits in order to legally drive on the road. In California, for example, drivers are required to have $15,000 of bodily injury liability coverage per person and $30,000 of bodily injury liability coverage per accident.
If you collide with two pedestrians and they each have $15,000 of medical bills and other expenses, then your car insurance will fully cover the costs incurred by these two pedestrians because of your negligence.
If you exceed your coverage limits, then you will need to pay for any remaining damages out of pocket.
Read more: Does my auto insurance cover damage caused by my own negligence?
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Pedestrians Can Be Found At-Fault for Car Accidents
Just because you hit a pedestrian with your vehicle doesn’t mean you’re at-fault. In many cases, the pedestrian is found negligent for an accident, in which case your insurance company may not be required to pay any damages, nor will you be personally liable for those damages.
Everyone who uses a road is responsible for using due care. As a bicyclist, you cannot weave in between cars going twice as fast as you. As a pedestrian, you can’t jaywalk across a four-lane highway.
Some of the situations where a pedestrian may be found at-fault for a collision include:
- Walking on a roadway at night wearing dark clothing
- Jaywalking, or crossing in the middle of the street outside of a crosswalk
- Walking onto a highway while intoxicated
- Walking along bridges, overpasses, and other roads where pedestrians are prohibited
- Entering a crosswalk against the crossing signal (walking across when it says ‘Do Not Cross’, for example)
In all of these situations, a pedestrian could be found at-fault – or at least partially at-fault – for the collision.
As with conventional accidents, fault can be tricky to determine when you hit a pedestrian. Let’s say a pedestrian jaywalks in front of you in broad daylight. You have plenty of time to stop – but you were on your phone and speeding at the time, so you weren’t able to stop in time. In this case, you and the pedestrian may both be found at fault: fault could be split 50/50, similar to what would happen in a car accident.
If the pedestrian is found at-fault for the accident, and your insurance company chooses not to pursue the pedestrian financially, then you may be forced to pay your own deductible – or cover your own repair costs out of pocket if you don’t want to make a claim.
Can You Pursue Damages Against a Pedestrian?
If the pedestrian is at-fault for an accident, then your insurance company may go after the pedestrian for damages.
The insurance company – or yourself – may approach the pedestrian and ask for $5,000 in vehicle damage repair costs, for example.
There have even been cases where insurance companies go after the family of a dead pedestrian asking them to cover repair expenses for the vehicle.
Policies vary between insurance companies. Some insurance companies will refuse to go after the injured pedestrian (or the dead pedestrian’s family) after an accident, while others have no issues with it.
What Happens If I’m Hit by Someone While a Pedestrian?
If you’re hit by someone while a pedestrian, then your car insurance could cover certain damages. Assuming you have car insurance, your policy may provide personal injury protection (PIP), medical payments coverage, or even uninsured motorist bodily injury coverage (if the driver that hit you was uninsured).
Read more: What if I am injured in an accident caused by an uninsured driver?
Car insurance covers more than just vehicle-to-vehicle accidents. When you have car insurance, it can also protect you in the event of a vehicle-to-pedestrian collision.
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Final Word
Generally, car insurance will pay when you hit a pedestrian. Your car insurance may also cover you if you were hit as a pedestrian by a driver.
Your car insurance bodily injury liability coverage will cover any medical expenses incurred by the pedestrian you hit – assuming you were at-fault for the collision. If the pedestrian is at-fault or partially at-fault, however, then the pedestrian may actually owe you money for vehicle damages.
Frequently Asked Questions
Does auto insurance cover hitting a pedestrian?
Auto insurance does provide coverage for accidents involving pedestrians. If you have liability car insurance, it will typically pay for the medical expenses and other costs of the pedestrian you hit.
What does liability insurance cover?
Liability insurance covers the medical expenses, rehabilitation costs, and other related expenses of the injured pedestrian. It also helps cover legal fees if the pedestrian decides to sue you for damages.
Can pedestrians be at fault?
Yes, pedestrians can be found at fault for accidents in certain situations. Everyone using the road, including pedestrians, has a responsibility to exercise due care. If a pedestrian acts negligently, such as by jaywalking or crossing against traffic signals, they can be deemed partially or fully responsible for the accident.
What happens if the pedestrian is at fault?
If the pedestrian is at fault for the accident, your insurance company may not have to pay for damages. In such cases, the pedestrian may be responsible for their own medical expenses and other losses. However, fault determination can be complex, and it’s best to consult with your insurance provider and legal professionals for guidance specific to your situation.
Can I pursue damages against the pedestrian?
Whether or not you can pursue damages against the pedestrian depends on your insurance company’s policy and the laws of your jurisdiction. Some insurance companies may choose to pursue damages on your behalf, while others may not.
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Michael Leotta
Insurance Operations Specialist
Michael earned a degree in Business Management with an insurance focus, which led to a successful 25-year career in insurance claims operations and support. He possesses a high-level of business acumen across multiple areas of the insurance industry. Over the course of his career, he served in multiple roles supporting claims operations including: Claims Specialist, Claims Trainer, Claim Automatio...
Insurance Operations Specialist
Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.