In 2023, nearly 800 Alabama pedestrians were injured or killed in car accidents. Because people are more fragile than cars, it’s no surprise that these accident injuries can be very expensive. Recent reports show that the average cost for pedestrian-motor vehicle injuries was $135,558 – the highest of all the categories measured. Because pedestrian injuries are so costly, it’s common for injured people to worry about paying for medical expenses.
Fortunately, people injured in pedestrian accidents have options. This article explains how and when injured pedestrians can use car insurance to pay for their injuries. It also explains how a Birmingham pedestrian injury attorney can help after a pedestrian accident.
Car Insurance Options for Paying After an Alabama Pedestrian Accident
In Alabama, injured pedestrians have three options for getting insurance funds after being hit by a car. They are the other driver’s auto insurance policy, your own uninsured/underinsured motorist policy, and medical payments (MedPay) coverage.
Option 1 – The other driver’s liability coverage
The at-fault driver’s liability insurance will be your main source of compensation after a pedestrian accident. (Don’t worry about the fact that you’re a pedestrian. Auto policies cover injuries caused by the car — even if the injured person was not in a car.)
Alabama requires that all drivers carry auto insurance with minimum coverage amounts. Currently, Alabama’s minimums for bodily injury are $25,000 per injury and $50,000 total per accident. Consider this: A, B, and C are all injured by Driver D, who has the minimum coverages stated above. A, B, and C each file $15,000 claims with D’s insurance. Each $15,000 claim is less than $25,000 and the total – $45,000 – is less than $50,000. So, D’s auto policy will cover all of the injuries.
While $25,000 will cover many accident bills, there is a catch. The other driver’s insurance company will not pay your bills as you get them. In fact, they are not obligated to pay anything until there is a settlement or a jury verdict. In serious cases, this often means that medical bills will pile up as the case continues.
Also, Alabama follows a strict rule called contributory negligence. In most states, a person who played a part in causing their own injuries can still recover money for their injuries. But in contributory negligence states like Alabama, if the injured person is even slightly responsible for causing their own injuries, they cannot recover. This rule applies even if a person is just one percent at fault. In Alabama, any evidence that you contributed to your pedestrian accident by darting into traffic, crossing outside of a crosswalk (jaywalking), crossing against a light, walking while distracted, or other such behavior, can prevent you from recovering the money you need. Be sure to discuss any such issues with your Birmingham accident attorney.
Option 2 – Uninsured/Underinsured motorist (UM/UIM) coverage
UM/UIM coverage is an optional coverage that you can add to your auto policy. In Alabama, any time an auto insurance company sells a policy to a new customer, they must offer UM/UIM coverage. It can only be rejected in writing, so unless you remember rejecting it, you probably have it. And UM/UIM is not limited to car occupants, so pedestrians can use it.
To understand how it works, let’s go back to A, B, C and D. D still has $25,000 in per-person bodily injury coverage and $50,000 total. A, B, and C each have injuries that cost $30,000. Their per-person and total costs exceed D’s policy limits. However, if A, B, and C have car insurance, they can each file claims against their own UM/UIM coverage to recover the difference between D’s coverage and their bills.
UM/UIM policies won’t pay out until fault and other issues are decided. There are other complicated rules. Talk to your Birmingham injury attorney about any questions.
Option 3 – Medical Payments (MedPay) coverage
MedPay is another optional auto insurance add-on. If you have it on your policy, it will pay for certain medical expenses including ambulance travel, emergency room visits, X-rays, and prescriptions. And if you have an auto policy, you may use MedPay if you’re hit as a pedestrian.
MedPay has many advantages. Unlike other types of insurance, MedPay applies regardless of fault. Also, MedPay is fast. Under Alabama law, your insurer must start processing your claim within 15 days after receiving it and pay you within a reasonable time.
Final option – Your health insurance
While you wait for your injury claim to be processed, you can use your own health insurance coverage to cover your medical bills. You will have to pay any co-pays out of pocket, but if you keep good records, your Alabama injury attorney can help you recoup these funds. Also, using your health insurance can create additional issues, as your health insurance company may take legal action to recover their money. Your Alabama injury attorney can tell you more.
Summary
Most injured people use their health insurance and MedPay benefits to cover their medical expenses. Once fault is established, the other driver’s insurance or the UM/UIM can cover any remaining expenses.
Get Legal Help After an Alabama Pedestrian Accident
Car insurance can and does pay for pedestrian injuries in Alabama. However, the rules can be complicated. To make sure that you get the money you deserve to cover your injuries, you may need legal help. If you do, contact Collins Law, LLC. Our experienced team can help with pedestrian accidents and many other types of injury claims. Call 205-588-1411 or use our online scheduling tool to schedule a free consultation today.
