Will Car Insurance Cover Me if I Was Hit By a Car As a Pedestrian in Pennsylvania?

Navigating the legal complexities and insurance procedures after sustaining a pedestrian accident injury can be challenging. But by understanding the nuances of Pennsylvania’s insurance laws and regulations, you can ensure that your rights are protected and that you receive the appropriate compensation for your injuries. In this context, seeking the guidance of experienced personal injury attorneys specializing in pedestrian accidents like our attorneys at Spivak & Sakellariou is an invaluable asset to securing the coverage you deserve.

Pedestrian Accident Insurance Settlements: What You Need to Know

Pennsylvania’s insurance system is unique, as it is a no-fault state, meaning that each party’s own insurance is responsible for covering their medical expenses and other losses, regardless of who caused the accident. Personal Injury Protection (PIP) coverage is a mandatory component of auto insurance policies in Pennsylvania, providing coverage for medical expenses and other related costs for both drivers and pedestrians involved in an accident. Additionally, liability coverage is required to cover property damage and injuries sustained by others when the policyholder is at fault. 

Understanding the intricacies of Pennsylvania’s insurance system is vital for pedestrians seeking compensation after being struck by a vehicle in order to secure the appropriate coverage for their injuries and losses.

Establishing Fault

Establishing fault in a pedestrian accident in Pennsylvania is essential to determining the appropriate compensation for the injured party. The state follows a modified comparative negligence system, which means that the amount of compensation an injured pedestrian can recover may be reduced by the percentage of fault they share in the accident. It is crucial to gather and document evidence to support your claim, such as witness statements, photographs, and police reports, as this information can significantly impact the determination of fault. In cases where the pedestrian is found to be more than 50% at fault, they may be barred from recovering damages altogether. Therefore, understanding and establishing fault in a pedestrian accident plays a pivotal role in securing a fair settlement and ensuring that your rights are protected under Pennsylvania’s comparative negligence laws.


In Pennsylvania, compensation for pedestrian accident settlements aims to cover the damages and losses incurred by the injured party. These damages can be categorized into economic and non-economic damages. Economic damages include medical expenses, such as hospital bills, rehabilitation costs, and future medical care; as well as lost wages due to the inability to work during the recovery period, and potential loss of future earning capacity. Non-economic damages encompass pain and suffering, which refers to the physical and emotional distress caused by the accident, and may also include compensation for the loss of enjoyment of life. Additionally, property damage, such as damage to personal belongings or assistive devices, may also be part of the settlement. It is crucial for injured pedestrians to meticulously document all expenses and losses related to the accident in order to secure an adequate and fair settlement that addresses the full scope of their needs and experiences.

Filing a Claim

In the aftermath of a pedestrian accident in Pennsylvania, it is essential to file a claim and negotiate a settlement with the relevant insurance companies in order to receive fair compensation. The state imposes a statute of limitations, which means that injured pedestrians typically have two years from the date of the accident to file a claim. During the claim process, it’s crucial to communicate effectively with insurance adjusters while also being cautious not to provide any information that may negatively impact your claim. Settlement offers from insurance companies may not always reflect the true value of your damages, and negotiating with the adjusters can be a complex and challenging task. In some cases, if a satisfactory settlement cannot be reached, litigation may become necessary. Working with a skilled personal injury attorney can greatly benefit the injured party during this process, as they can provide guidance, advocate on your behalf, and help secure a fair settlement that accurately reflects your needs and losses.

A Pedestrian Accident Lawyer from Spivak & Sakellariou Can Help You Recover the Losses You Deserve

At Spivak & Sakellariou, we are committed to safeguarding your rights and advocating on your behalf, providing you with the support and guidance needed to achieve a fair resolution for your pedestrian accident case in Pennsylvania.

If you, or someone you know has been involved in a pedestrian accident in Pennsylvania, working with a dedicated personal injury attorney from Spivak & Sakellariou can make a significant difference in the outcome of your case. 

Our experienced attorneys possess the expertise and knowledge necessary to navigate the complexities of Pennsylvania’s insurance system, establish fault, and ensure that you receive the compensation you deserve. By engaging our legal representation, you can focus on your recovery while we handle the claim filing process, settlement negotiations, and, if needed, litigation. Don’t wait, contact us today.

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