I Was Injured as a Pedestrian…Am I Still Insured?
What to Do After Being Hit by a Car
If a pedestrian is hit by a car or a bike, that pedestrian usually has three options. But if the pedestrian does not have auto insurance, that leaves them with only two options. In a typical accident, insurance coverage for medical bills, wage loss, etc., breaks down like this:
1. Injured pedestrian’s own auto insurance (if they have it). If they do, they can use the personal injury protection benefits, or PIP, to pay for their medical bills. They should not use their health insurance until PIP has been exhausted. In fact, if the health insurance company learns that the pedestrian was injured in a car or bike accident and has auto insurance, they may not pay for medical care (because they know PIP will). If the injured pedestrian doesn’t have their own insurance, they go to the next option.
2. Injured pedestrian’s own health insurance. If a pedestrian doesn’t have auto insurance, then they go to their own health insurance to pay medical bills. If you have health insurance, you need to know what your coverage provides. But note: In Oregon, there is almost always a clause that says if you are in an accident, and you get money for that accident from the person who hit you, you will have to pay back the health insurance company. Fortunately, if you have a good personal injury lawyer, that lawyer will be able to reduce the amount you have to pay back to the health insurance.
3. The driver’s or cyclist’s auto insurance. If the person who hit you was on a bike, this may be more complicated than if you were hit by a car. But, the rules remain the same. Your last option if you have no auto insurance or car insurance is to use the PIP from the other person’s auto insurance. As a pedestrian, you are covered by their insurance under Oregon law.
Of course, no accident is the same, and if you are a pedestrian who has been injured in an accident, you should contact an Oregon pedestrian injury attorney. He or she will be able to listen to the details of your accident and guide you through the process. If you have any other insurance, you should mention that during the consultation. We provide free consultations; all you need to do is call (503) 222-4411.