- 08-Jun-2025
- Cyber and Technology Law
Pedestrian injuries resulting from accidents involving vehicles can often be covered under vehicle insurance, depending on the nature of the accident and the type of insurance coverage held by the vehicle owner. Typically, third-party liability insurance, which is mandatory in many jurisdictions, provides coverage for injuries caused to third parties, including pedestrians, in the event of a traffic accident.
Third-party liability insurance is the most common form of insurance coverage that comes into play when a pedestrian is injured in a vehicle accident. In India, third-party insurance is compulsory for all vehicles under the Motor Vehicles Act, 1988. This insurance provides compensation to third parties (which includes pedestrians) who suffer injuries or damages due to the negligence of the insured driver.
Example: If a pedestrian is hit by a car due to the driver’s negligence (e.g., running a red light or not stopping at a pedestrian crossing), the pedestrian can file a claim against the driver’s third-party insurance policy for medical expenses, lost wages, and other damages.
In addition to third-party insurance, a vehicle owner may also have comprehensive insurance, which covers a wider range of incidents, including damages to the vehicle as well as damages caused to others, such as pedestrians. However, comprehensive insurance is usually not designed specifically for third-party claims, so the third-party liability portion is what typically covers pedestrian injuries.
Example: If the vehicle owner has comprehensive coverage and the accident causes harm to a pedestrian, the insurance company may cover the pedestrian’s medical costs, lost wages, and pain and suffering if the policy includes third-party liability coverage.
Some jurisdictions require Personal Injury Protection (PIP) or No-Fault Insurance policies, which cover medical expenses and rehabilitation costs for anyone injured in an accident, including pedestrians, regardless of who is at fault. These insurance policies typically apply regardless of whether the pedestrian was at fault for the accident or not.
Example: In countries or states where no-fault insurance is mandatory, a pedestrian injured in an accident may be covered for their medical expenses, lost wages, and rehabilitation costs by the vehicle's insurance policy without needing to prove that the driver was at fault.
If the driver is found to be at fault for the accident, the pedestrian’s medical expenses and other related damages are generally covered under the third-party liability insurance of the vehicle involved. However, if the vehicle owner has comprehensive or collision insurance that covers injuries to others, the insurance might also help cover the pedestrian’s damages, particularly in situations where the driver is responsible.
Example: If a driver hits a pedestrian while speeding and the driver has comprehensive insurance, the pedestrian could file a claim through the driver’s insurance company for compensation, assuming third-party liability is part of the coverage.
The pedestrian should gather as much information as possible about the accident, including the contact details of the driver, any witnesses, and photographs of the scene. Police reports are particularly helpful in substantiating the claim.
After gathering the necessary documentation, the pedestrian or their legal representative should file a claim with the vehicle owner’s insurance company. This should be done as soon as possible after the accident to ensure compliance with time limits and deadlines.
The pedestrian must provide medical evidence, such as hospital bills, treatment records, and doctor’s notes, to demonstrate the extent of their injuries and to justify the compensation claim. The insurance company will use these documents to assess the claim.
If the insurance claim is denied or the pedestrian is not satisfied with the compensation offered, they can consider pursuing legal action against the vehicle owner and the insurance company. This may involve filing a lawsuit in a civil court to seek additional compensation.
If the pedestrian was partially at fault for the accident (e.g., jaywalking or crossing the road without paying attention), the compensation they receive might be reduced. Some insurance policies may also have provisions where the amount of coverage for injuries is impacted by the level of fault.
If the driver is uninsured or underinsured, the pedestrian may struggle to receive compensation. However, in some jurisdictions, if the pedestrian has uninsured motorist coverage as part of their own personal car insurance (even if they are not driving), they may be able to claim compensation from their own insurer.
In hit-and-run accidents, where the driver flees the scene and cannot be identified, pedestrians may be eligible for compensation through the hit-and-run coverage or uninsured motorist portion of their own insurance policy. If the driver cannot be found, a government compensation fund may also be available in certain regions.
Example Scenario: A pedestrian is crossing the road at a marked crosswalk when a vehicle runs a red light and strikes them, causing severe injuries. The pedestrian can:
Pedestrian injuries can be covered under vehicle insurance, particularly through third-party liability insurance or Personal Injury Protection (PIP), depending on the nature of the accident and the available insurance coverage. While third-party liability is the most common coverage for pedestrian injuries, no-fault insurance and uninsured motorist coverage can also provide compensation in specific situations. Pedestrians should document the accident, file a claim with the insurance company, and consult legal professionals if needed to ensure they receive adequate compensation for their injuries.
Answer By Law4u Team
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