Q.
My 14-year-old son was hit by a car while crossing the street. What should I do if the driver at fault does not have auto insurance?
A.
Pedestrians are very likely to suffer serious injuries when they are hit by a car. Even in minor accidents, pedestrians can suffer burns from friction with the road, broken bones, and even head and brain injuries when hit by a car. Death is also a frequent result of a person being hit by a car, and that death leaves a huge loss for the family, not only in terms of medical expenses for the accident, but also in terms of the trauma.
Pedestrian accidents can be caused by either the vehicle driver or the pedestrian, or both parties may share some degree of legal liability, depending on the circumstances of the accident. Even if the vehicle driver is at fault or partially at fault for the accident, his or her auto insurance will cover the pedestrian’s medical expenses, pain and suffering, and loss of earnings. However, if the driver, like your son, does not have auto insurance, the pedestrian may be entitled to compensation under his or her own auto insurance policy (Uninsured Motorist (“UM”). Uninsured motorist coverage generally applies when a driver is involved in an accident with an uninsured vehicle. However, UM can also apply if the injured victim was walking or riding a bicycle, skateboard, scooter, etc., as long as the injury was caused by a vehicle.
One of the great things about UM insurance is that it covers not only the driver, but also the driver’s family members who live in the same household. So your 14-year-old son obviously doesn’t have his own auto insurance, but your UM coverage will cover his medical bills, pain and suffering, and loss of income. Of course, your son can sue the driver, but if the driver has no assets, then the lawsuit is pointless. Most drivers who can’t afford auto insurance generally don’t have assets either. It’s a good idea for every driver to have uninsured motorist coverage if they can afford it. We recommend at least $100,000 in coverage, and most people would be surprised to learn that UM coverage is actually quite affordable.
When a pedestrian is struck by thousands of pounds of metal or glass, even a low-speed collision carries the risk of serious and even fatal injuries, even death. Parents should emphasize pedestrian safety rules to their children and set a good example for their children by following these rules themselves.
Driver errors or illegal driving that commonly cause accidents between cars and pedestrians include:
- Ignore the crosswalk
- Ignore traffic signals
- Ignore pedestrians already crossing the street
- Drunk Driving
- School buses, school zones or parks where children can run and play in the street
Some of the wrong behaviors of pedestrians that cause accidents between cars and pedestrians include:
- Ignore traffic control
- Jaywalking
- The behavior of children who suddenly run into the road after a dog, a toy, or another child.
- Walking on the highway where drivers expect there to be no pedestrians and drive at high speeds
Q.
My 14-year-old son was hit by a car while crossing the street. What should I do if the driver at fault does not have auto insurance?
A.
Pedestrians are very likely to suffer serious injuries when they are hit by a car. Even in minor accidents, pedestrians can suffer burns from friction with the road, broken bones, and even head and brain injuries when hit by a car. Death is also a frequent result of a person being hit by a car, and that death leaves a huge loss for the family, not only in terms of medical expenses for the accident, but also in terms of the trauma. Pedestrian accidents can be caused by either the vehicle driver or the pedestrian, or both parties may share some degree of legal liability, depending on the circumstances of the accident. Even if the vehicle driver is at fault or partially at fault for the accident, his or her auto insurance will cover the pedestrian’s medical expenses, pain and suffering, and loss of earnings. However, if the driver, like your son, does not have auto insurance, the pedestrian may be entitled to compensation under his or her own auto insurance policy (Uninsured Motorist (“UM”). Uninsured motorist coverage generally applies when a driver is involved in an accident with an uninsured vehicle. However, UM can also apply if the injured victim was walking or riding a bicycle, skateboard, scooter, etc., as long as the injury was caused by a vehicle. One of the great things about UM insurance is that it covers not only the driver, but also the driver’s family members who live in the same household. So your 14-year-old son obviously doesn’t have his own auto insurance, but your UM coverage will cover his medical bills, pain and suffering, and loss of income. Of course, your son can sue the driver, but if the driver has no assets, then the lawsuit is pointless. Most drivers who can’t afford auto insurance generally don’t have assets either. It’s a good idea for every driver to have uninsured motorist coverage if they can afford it. We recommend at least $100,000 in coverage, and most people would be surprised to learn that UM coverage is actually quite affordable. When a pedestrian is struck by thousands of pounds of metal or glass, even a low-speed collision carries the risk of serious and even fatal injuries, even death. Parents should emphasize pedestrian safety rules to their children and set a good example for their children by following these rules themselves. Driver errors or illegal driving that commonly cause accidents between cars and pedestrians include: - Ignore the crosswalk - Ignore traffic signals - Ignore pedestrians already crossing the street - Drunk Driving - School buses, school zones or parks where children can run and play in the street Some of the wrong behaviors of pedestrians that cause accidents between cars and pedestrians include: - Ignore traffic control - Jaywalking - The behavior of children who suddenly run into the road after a dog, a toy, or another child. - Walking on the highway where drivers expect there to be no pedestrians and drive at high speeds