Hit by a Fleeing Driver as a Pedestrian or Cyclist in Pennsylvania: What to Do Next

Being hit by a car is a traumatic event. When the driver speeds away, leaving you injured on the side of the road, the shock and confusion can be even worse. You might be asking yourself how you will pay for medical bills and lost wages.

Many people believe that if the at-fault driver is gone, there is no way to get compensation. This is often not true. Even if the driver fled, you may have options under your own car insurance policy or a household policy. We understand the stress and uncertainty you are facing, and we are here to help you understand your rights in Pennsylvania.

Understanding Uninsured Motorist (UM) Coverage

Uninsured motorist (UM) coverage is a crucial part of your car insurance policy in Pennsylvania. This coverage is designed to protect you when you are involved in an accident with a driver who does not have insurance. It also applies if the driver has insurance but it is not enough to cover your damages. Crucially, UM coverage also applies in hit-and-run situations where the at-fault driver cannot be identified. This means that if a driver hit you and fled the scene, your own UM coverage may step in to cover your injuries and losses.

UM coverage extends beyond just driving your car. It typically covers you, your family members living in your household, and sometimes even passengers in your car. This protection applies whether you are driving, a passenger, or, importantly, a pedestrian or a cyclist. If you have UM coverage on your personal car insurance policy, or if there is such coverage on a policy for a relative living with you, it may apply to your injuries from a hit-and-run accident.

How UM Coverage Works for Pedestrians and Cyclists

If you were hit by a hit-and-run driver while walking or riding a bicycle, your car insurance policy's uninsured motorist coverage can provide a safety net. This coverage acts as if the fleeing driver had an insurance policy that pays for your damages. It can cover your medical expenses, lost wages, and pain and suffering related to the accident.

To access this coverage, you will typically file a claim with your own insurance company. They will investigate the accident, just as if you were making a claim against another driver's policy. It is important to remember that even though you are claiming against your own policy, your insurance company still has a financial interest in minimizing what they pay out. This is why having legal representation can be very helpful.

Pennsylvania law supports pedestrians and cyclists in these situations. Specifically, 75 Pa. C.S. § 1705(d)(3) clarifies that if you selected limited tort coverage on your vehicle insurance, you are still considered "full tort" if you are injured as a pedestrian or riding a bicycle. This means that if you are a pedestrian or cyclist involved in a motor vehicle accident, even a hit-and-run, you are not subject to the limited tort threshold for pain and suffering. This can be a significant advantage in pursuing full compensation for your injuries.

Gathering Evidence After a Hit-and-Run

Even though the driver fled, gathering as much information as possible is still vital. What you do in the moments and days after the accident can greatly impact your ability to recover compensation. Here are key steps:

• Call the police: Report the accident immediately, even if the driver is gone. A police report creates an official record of the incident.
• Seek medical attention: Your health is the priority. Get checked by a doctor, even if you feel fine. Some injuries may not show up right away. Keep all records of your medical care.
• Document the scene: If you are able, take photos of the accident location, your injuries, damage to your bicycle, and any debris left behind. Note the exact time and date.
• Look for witnesses: Ask if anyone saw the accident. Get their contact information.
• Check for surveillance cameras: Businesses or homes in the area might have cameras that captured the accident.
• Do not speak to insurance companies alone: Before talking to any insurance adjuster, especially your own, consider consulting with an attorney.

What If I Don't Have My Own Car Insurance?

What if you don't own a car and therefore don't have a personal auto insurance policy with UM coverage? In Pennsylvania, you may still have options. Under the "priority of payments" rules in the Pennsylvania Motor Vehicle Financial Responsibility Law, you might be covered by a car insurance policy of a resident relative in your household. This could include a spouse, parent, or even an adult child who lives with you and has car insurance.

If no such household policy exists, there are very limited circumstances where the Pennsylvania Assigned Claims Plan might provide some basic coverage for medical expenses. However, this is usually a last resort and has strict requirements. An attorney can help you explore all potential avenues for recovery, including less common options.

The Importance of the Statute of Limitations

After an accident, you have a limited amount of time to take legal action. This time limit is called the statute of limitations. In Pennsylvania, for most personal injury claims, including those arising from car accidents and pedestrian or bicycle accidents, you generally have two years from the date of the injury to file a lawsuit. This is set forth in 42 Pa. C.S. § 5524. If you miss this deadline, you will likely lose your right to pursue compensation, no matter how strong your case. Two years may seem like a long time, but investigations, medical treatment, and negotiations can take many months. Starting the process early is always recommended.

Why Legal Representation is Key

Dealing with injuries, medical bills, and insurance companies after a hit-and-run accident can be overwhelming. Even when dealing with your own insurance provider for UM benefits, they are a business looking to protect their bottom line. An experienced personal injury attorney can:

• Investigate your claim: We can help gather evidence, identify potential witnesses, and look for surveillance footage.
• Navigate insurance policies: We can review your car insurance policy and any household policies to determine all available coverage options.
• Communicate with insurance adjusters: We will handle all communications with the insurance company, protecting you from common tactics used to minimize payouts.
• Value your claim: We can accurately assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future needs.
• Fight for fair compensation: If negotiations with the insurance company are unsuccessful, we are prepared to file a lawsuit and represent you in court.

When you are recovering from an injury, you should focus on your health, not fighting with insurance companies. We are here to manage the legal burden for you.

What to do next

If you were hit by a driver who fled the scene while you were a pedestrian or riding a bicycle, contact an experienced Pennsylvania personal injury attorney immediately. We can review your situation, explain your legal options, and help you understand how your insurance policies might provide coverage.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.

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Frequently Asked Questions

What is uninsured motorist (UM) coverage?

Uninsured motorist (UM) coverage is a part of your car insurance policy that protects you if you are injured by a driver who does not have insurance or whose insurance is not enough to cover your damages. It also applies in hit-and-run accidents where the at-fault driver cannot be identified.

Does UM coverage apply if I was hit as a pedestrian or cyclist?

Yes, in Pennsylvania, your uninsured motorist coverage often extends to you and resident family members even when you are injured as a pedestrian or cyclist. This means your own car insurance might cover your medical bills and other losses if you were hit by a fleeing driver.

What should I do immediately after a hit-and-run accident?

First, seek medical attention for your injuries. Then, report the accident to the police immediately to create an official record. If possible, gather photos of the scene and your injuries, and look for witnesses.

What if I don't have my own car insurance policy?

If you don't have your own car insurance, you might still be covered under a policy belonging to a relative who lives in your household. In very limited situations, the Pennsylvania Assigned Claims Plan could also provide some basic coverage. An attorney can help you explore these options.

Is there a time limit to file a claim after a hit-and-run?

Yes, in Pennsylvania, there is generally a two-year deadline, known as the statute of limitations, to file a personal injury lawsuit after an accident. This deadline is very important, and missing it can prevent you from getting compensation.

How can a lawyer help with a hit-and-run claim?

A lawyer can help investigate the accident, understand your insurance coverage options, communicate with insurance companies on your behalf, and fight to ensure you receive fair compensation for your injuries and losses.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.