Pedestrian

Pedestrian Accidents in NYC: What to Do If You Are Hit by a Motor Vehicle

Pedestrian accidents involving motor vehicles are a serious matter in New York City, and if you are a pedestrian injured by a car, the process of covering medical bills and pursuing compensation can vary greatly depending on whether you have auto insurance or not. This column will outline the steps you should take in both scenarios, explain how medical expenses are covered, and detail how you may be compensated for pain and suffering.

What to Do If You Have Auto Insurance

New York is a No-Fault state, meaning that your own auto insurance policy will generally cover your medical expenses and other related costs, even if you were not at fault for the accident. This is known as No-Fault insurance, and it provides coverage up to $50,000 per person for “basic economic loss”, which includes medical bills, lost wages, and other necessary expenses. If your medical costs exceed this No-Fault limit, you may seek additional coverage from your health insurance or an Optional Personal Injury Protection (Additional PIP) rider, if you have one.

Additionally, if you have suffered a serious injury—such as a permanent injury, disfigurement, or significant limitation of body function—you may be entitled to pursue a claim against the at-fault driver for pain and suffering. To do so, your attorney will typically send a demand letter to the liable party’s insurance company, outlining the nature of your injuries, the impact they have had on your life, and the compensation you are seeking. If an agreement cannot be reached, you may pursue a lawsuit against the driver.

What to Do If You Don’t Have Auto Insurance

If you are a pedestrian injured in an accident and do not have your own auto insurance policy, you will generally be covered under the No-Fault insurance policy of the vehicle that hit you. This means the vehicle owner’s insurer will provide you with coverage for medical bills, lost wages, and other economic damages, up to $50,000.

However, if the liable vehicle is uninsured, involved in a hit-and-run, or is a motorcycle (since motorcycles are not covered by No-Fault in New York), you may turn to the Motor Vehicle Accident Indemnification Corporation (MVAIC) for assistance. MVAIC provides PIP benefits up to $50,000 to cover medical expenses and lost wages, similar to standard No-Fault benefits.

Compensation for Pain and Suffering

Regardless of whether you have auto insurance or are covered under the vehicle’s policy, pursuing compensation for pain and suffering and other non-economic damages requires demonstrating that you have suffered a serious injury as defined by New York law. This can include significant physical or emotional harm, such as fractures, permanent disabilities, or permanent disfigurement. Compensation is typically pursued through the liable driver’s Bodily Injury (BI) liability coverage, which can be addressed via a demand to the at-fault party’s insurer.

What If the At-Fault Driver Has Low Liability Insurance Limits?

Sometimes the driver who hit you may not have sufficient liability insurance to fully cover your injuries. If their BI coverage is low, you may be able to pursue additional compensation through:

  • Underinsured Motorist (UIM) Coverage: If you have this coverage in your own auto insurance policy, you can claim the difference between the at-fault driver’s liability limits and your actual damages.
  • Personal Lawsuit: You may also file a lawsuit directly against the at-fault driver for additional compensation. However, this is often only effective if the driver has assets beyond their insurance policy limits to pay for damages.

MVAIC: Limitations and Additional Compensation

If you make a claim through MVAIC, the PIP benefit is limited to $50,000, similar to standard No-Fault coverage. However, MVAIC also provides Bodily Injury (BI) coverage of up to $25,000 per person and $50,000 per accident for non-fatal injuries. In cases of death, the coverage increases to $50,000 per person and $100,000 per accident. Although PIP benefits do not compensate for pain and suffering, this BI coverage can be used to pursue additional compensation for non-economic damages such as pain and suffering.

Disclaimer: This column is for informational purposes only and does not constitute legal advice. Every case is unique, and specific legal guidance should be sought for individual situations. For any questions regarding pedestrian accidents, personal injury, or seeking compensation for injuries, please contact Song Law Firm at 201-461-0031, or arrange a consultation via mail@songlawfirm.com.

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