Pedestrian Hit by Uninsured Driver

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Your Legal Options in a Pedestrian Accident With an Uninsured Driver

According to the National Highway Traffic Safety Administration, thousands of pedestrians fall victim to motor vehicle accidents every year. Various factors are to blame for pedestrian accidents; however, the results are always the same: severe injuries and death.

Worse than getting in a motor vehicle accident is being hit by uninsured or underinsured drivers. Usually, the at-fault driver is responsible for compensating the car accident victim through their liability insurance. However, who can compensate the victim if the at-fault party is uninsured or underinsured?

If you have been involved in a pedestrian accident caused by an Uninsured or underinsured driver, this article will help you explore your compensation options under Georgia law.

Remember, having a good pedestrian accident attorney to help you through this challenging time would be helpful. Dressie Law Firm prides itself on successfully handling hundreds of pedestrian accidents and other personal injury cases in Georgia. Contact us today for a free consultation with award-winning attorneys.

    Pedestrian Accidents with Uninsured Drivers: Compensation Options


    There were over 300 pedestrian accident fatalities in Georgia in 2021, a significant increase from 2019. On a national level, the country has recorded over 58% increase in pedestrian fatalities since 2019, according to the Governors Highway Safety Association (GHSA) 2022 report.

    Pedestrians often sustain the most damage in an accident. When hit by a vehicle, the law gives pedestrians the right to seek compensation for all damages sustained by filing a claim against the driver’s liability insurance. However, when hit by an uninsured driver, pedestrians are left with a bigger burden unless they have insurance coverage that can cover their damages, such as:

    • Uninsured/Underinsured Motorists (UM/UIM) coverage
    • Medical Payments (MedPay) insurance
    • Health insurance that covers motor vehicle accidents

    If you have any of these insurance policies, you can file a first-party insurance claim against your own insurance company for compensation. Note that promptly reporting the incident, collecting evidence, and providing proper documentation will make filing for claims easier. Let’s unpack each option and how it can be used to cover your pedestrian accident damages.

    Uninsured/Underinsured Motorist Coverage for Pedestrians

    Every driver requires the minimum auto insurance coverage and liability insurance as indicated under the Georgia Code. However, drivers may not always have any or enough coverage to cover victims in case of a car accident. 

    This is where having a UM/UIM coverage comes in handy. This insurance covers bodily injuries and property damage if you are involved in a hit-and-run or hit by an uninsured driver. It may also cover lost wages, pain and suffering, disability, loss of life, and more. 

    Any policyholder can seek compensation from their insurance company in such a situation. It would be best to involve your lawyer to review your policy terms and coverage before filing the claim. They can also represent you during negotiations for the best outcome.

    Medical Payments (MedPay)

    MedPay is an optional auto insurance coverage that compensates accident victims for their medical expenses. If you have this coverage, you can file a claim against your policy provider to recover damages. 

    MedPay can cover ambulance fees, outpatient and inpatient bills, and surgery, to mention but a few. However, it does not cover any property damage or lost wages. 

    Health Insurance

    Pedestrians can also seek compensation from their health insurance. However, coverage for car accident-related injuries varies, and some policies may exclude such injuries. Review your insurance policy to know if injuries caused by a traffic accident are covered. An attorney will assist you in the process.

    Your Rights as a Pedestrian

    Pedestrians are at a major disadvantage on the road. They have the least protection compared to other road users, which puts them at a greater risk of sustaining significant injuries. Georgia has a set of rules to protect pedestrians on the road, including:

    • An approaching car should stop if a pedestrian is on or near a crosswalk. 

    • Drivers should not stop or park a vehicle on the sidewalk, crosswalk, driveway, or at the edge of a curb. 

    • Pedestrians have no right of way outside a marked crosswalk, an unmarked crosswalk, or a sidewalk.

    • Pedestrians should take note of the WALK signs before crossing the road.

    • Unless there is an emergency, a pedestrian should not use the freeway.

    Some situations leading to pedestrian rights infringement include:

    • Distracted driving or walking

    • Intoxication on the road

    • Speeding and reckless driving

    • Poor visibility due to weather or health conditions

    • Damaged or poor road design and signs

    Steps to Take After a Pedestrian Accident with an Uninsured Motorist


    Here are the steps you should take if you are in a pedestrian accident:

    • Call 911 and report the accident if you are able to do so.

    • Get the driver’s insurance information and contact details.

    • If involved in a hit-and-run, try to capture the vehicle’s plate number or get a bystander to do it for you.

    • Collect the contact details of witnesses on the scene.

    • Compile documentation for an insurance claim if you suffered any damages. That may include police reports, medical expenses, property damages, lost wages, etc.

    • Contact a lawyer immediately to get on your case for proper legal guidance. 

    Pedestrian accident attorneys at Dressie Law Firm are readily available to assist victims in seeking compensation. We can help you explore your options and ensure your rights are protected.

    Filing a First-Party Insurance Claim

    If you find yourself in the unfortunate scenario of a pedestrian accident with an uninsured driver, your only options for financial recovery are your own insurance coverage. Here’s how you can file a claim with your own insurance company:

    • Hire a competent insurance claims lawyer to advise you and provide guidance before and during the filing process.

    • Ask your lawyer to collect all the necessary documents and supporting evidence for your claim, including witness statements, scene and injury photos, police reports, medical bills, lost wages, and more.

    • Your attorney will review your insurance policy terms before negotiations to ensure your accident and damages can be covered.

    • Your attorney can then file a personal injury claim with the company and start negotiations with an insurance adjuster. Do not take any quick settlement to finish the process quickly.

    • If negotiations fail, your lawyer may file a lawsuit on your request. They can also represent you in court during the process to get you fair compensation.

    Trust Dressie Law Firm for Your Pedestrian Accident Case


    If you’ve been hit by an uninsured driver, you can still recover damages if you have uninsured/underinsured motorist coverage or MedPay. If your health insurance covers motor vehicle accident injuries, you can use it, too. A pedestrian accident lawyer can help you understand your options and walk you through the claims process.

    Attorneys at Dressie Law Firm have handled personal injury claims for over two decades and built a stellar reputation for maximizing case value. Schedule your free consultation with us for exemplary legal counsel and representation in your pedestrian accident case.

    The Dressie Law Firm Can Help You

    If you or a loved one is a victim of a reckless or negligent driver, we want you to know that the law is on your side and so is the Dressie Law Firm.

    Contact us today to schedule your free consultation!