Hit Walking or Biking in PA: With vs. Without Car Insurance

If a car hits you while you are walking or riding a bicycle in Pennsylvania, your own auto policy (or a policy owned by a relative you live with) usually pays your first medical bills, under the priority rules of 75 Pa.C.S. § 1713. If no one in your household has auto insurance, you generally look first to the policy on the vehicle that hit you, and if no policy applies (for example, the vehicle is uninsured or unidentified), you may qualify for the Pennsylvania Assigned Claims Plan under 75 Pa.C.S. §§ 1752-1753. Either way, you keep a separate bodily injury claim against the at-fault driver, which must normally be filed within two years under 42 Pa.C.S. § 5524.

Why Your Own Car Insurance Matters When You Were Not in a Car

Pennsylvania's Motor Vehicle Financial Responsibility Law (MVFRL), Chapter 17 of Title 75, decides who pays your medical bills, whether you can sue for pain and suffering, and whether you have uninsured motorist protection, even if you were on foot. When people call me after being struck in a crosswalk or knocked off a bike, my first coverage question is: "Does anyone in your home have a car insurance policy?" The answer sets the roadmap. For the broader picture, see our comparison of pedestrian and bicycle claims versus car accident claims.

A pedal bicycle is not a "motor vehicle." 75 Pa.C.S. § 102 defines a motor vehicle as "A vehicle which is self-propelled except an electric personal assistive mobility device or a vehicle which is propelled solely by human power." A cyclist on a pedal bike, like a pedestrian, is generally not an occupant of a motor vehicle. E-bikes and scooters can raise different questions; an attorney can confirm how this applies to your case.

Side-by-Side: With vs. Without a Household Auto Policy

Issue	(A) You or a resident relative has an auto policy	(B) No auto policy in your household
Who pays first medical bills	Your own policy as named insured (§ 1713(a)(1)), or a resident relative's policy (§ 1713(a)(2))	The policy on any motor vehicle involved in the crash (§ 1713(a)(4))
Minimum medical benefit	At least $5,000 (§ 1711(a)); more if higher limits were purchased	Depends on the striking vehicle's policy; at least $5,000 if that vehicle is insured in PA
If the striking car is uninsured or a hit-and-run	Your household policy still pays first-party benefits; household UM coverage may apply	Assigned Claims Plan, if eligible (§ 1752): medical up to $5,000, reduced by health insurance benefits (§ 1755(b)), no income loss or death benefit (§ 1753), plus limited added recovery under § 1754
Limited tort vs. full tort	The tort option on the household policy may bind you (§ 1705(b))	A non-owner who is not a named insured or insured keeps full tort rights (§ 1705(b)(3))
Uninsured/underinsured motorist (UM/UIM)	Available if purchased; depends on policy language	Usually none of your own; § 1754 is a limited substitute
Insurer repaid from your settlement?	No subrogation for first-party benefits (§ 1720)	Same rule for benefits paid by the striking vehicle's policy; the Assigned Claims Plan may seek reimbursement under § 1756

Scenario A: You or Someone in Your Household Has an Auto Policy

Your policy pays your medical bills first

75 Pa.C.S. § 1713(a) sets the order. A person who is injured "arising out of the maintenance or use of a motor vehicle shall recover first party benefits against applicable insurance coverage in the following order of priority":

1. "For a named insured, the policy on which he is the named insured."
2. "For an insured, the policy covering the insured."
3. (Occupants of an insured vehicle, the policy on that vehicle.)
4. "For a person who is not the occupant of a motor vehicle, the policy on any motor vehicle involved in the accident."

Who counts as an "insured"? 75 Pa.C.S. § 1702 includes "An individual identified by name as an insured" and, "If residing in the household of the named insured," "a spouse or other relative of the named insured" or "a minor in the custody of either the named insured or relative of the named insured." So a teenager or adult child living with an insured parent can often claim through the parent's policy without owning a car.

How much medical coverage you have

Every Pennsylvania liability policy on a car or other private passenger vehicle must include medical benefits (motorcycle and similar policies are excepted). 75 Pa.C.S. § 1711(a) requires "coverage providing a medical benefit in the amount of $5,000." Many households buy more.

Your tort option may follow you onto the sidewalk

This catches many pedestrians and cyclists off guard. Under 75 Pa.C.S. § 1705(b)(2), the tort option elected by a named insured applies "to all insureds under the private passenger motor vehicle policy" who are not named insureds under another private passenger policy. If you are the named insured on your own policy, your own election controls. If you are an insured under more than one household policy with conflicting tort options and were not occupying a vehicle, the statute defaults you to full tort. Being a pedestrian or cyclist is not among the § 1705(d) exceptions. So a household limited tort election may limit a pain and suffering claim unless you have a "serious injury," which § 1702 defines as "A personal injury resulting in death, serious impairment of body function or permanent serious disfigurement."

There are exceptions. Under § 1705(d)(1), a limited tort claimant may recover "as if the individual damaged had elected the full tort alternative" when the person at fault, among other things, is convicted of or accepts ARD for DUI in that accident, is driving a vehicle registered in another state, or "has not maintained financial responsibility as required by this chapter." Application to a particular pedestrian or cyclist can turn on the policy and facts; an attorney can confirm how this applies to your case. Our guides to limited tort when you were walking or biking and the difference between limited and full tort go deeper.

UM/UIM coverage may protect you outside the car

75 Pa.C.S. § 1731 says uninsured and underinsured motorist coverage protects "persons who suffer injury arising out of the maintenance or use of a motor vehicle" who are legally entitled to recover from uninsured or underinsured drivers; it does not limit protection to car occupants. But § 1731(a) says "Purchase of uninsured motorist and underinsured motorist coverages is optional," and who is covered depends on policy language, which varies. More detail is in our article on UM and UIM coverage for people on foot or on a bike.

Scenario B: No Auto Policy in Your Household

The striking vehicle's policy pays first-party benefits

If you are not a named insured or a resident relative of one, you fall to § 1713(a)(4): "the policy on any motor vehicle involved in the accident."

If the driver is uninsured or fled: the Assigned Claims Plan

When no policy applies, the Assigned Claims Plan is the safety net. Under 75 Pa.C.S. § 1752(a), an eligible claimant, among other requirements:

• "Is a resident of this Commonwealth."
• "Is injured as the result of a motor vehicle accident occurring in this Commonwealth."
• "Is not an owner of a motor vehicle required to be registered" under Chapter 13.
• Is not otherwise entitled to first-party benefits under § 1711 or § 1712.

75 Pa.C.S. § 1753 allows medical benefits "up to a maximum of $5,000" and states, "No income loss benefit or accidental death benefit shall be payable." Under § 1755(b), health insurance and other accident and health benefits you receive or are entitled to receive "shall be subtracted from those benefits available in section 1753," so the Plan pays after your health coverage. A claim against the Plan must be brought within four years of the accident under § 1757. Section 1754 adds that "An eligible claimant who has no other source of applicable uninsured motorist coverage" and who could sue a party that failed to comply with the insurance law may recover "up to $15,000 subject to an aggregate limit for all claims arising out of any one motor vehicle accident of $30,000," less Assigned Claims medical benefits. If the driver fled, see our page on coverage when a fleeing driver hits a pedestrian or cyclist.

The trap: owning a registered car with no insurance

"No insurance" is not the same as "no car." Under 75 Pa.C.S. § 1714, "An owner of a currently registered motor vehicle who does not have financial responsibility" cannot recover first-party benefits, and § 1752(a)(3) excludes vehicle owners from the Assigned Claims Plan. Section 1705(a)(5) adds that an owner of a currently registered private passenger motor vehicle without financial responsibility "shall be deemed to have chosen the limited tort alternative," so a pain and suffering claim may also be limited unless an exception or a serious injury applies. If you own a registered vehicle and let the insurance lapse, your medical bills may have to come from health insurance or your claim against the driver.

The upside: full tort rights

Section 1705(b)(3) provides that "An individual who is not an owner of a currently registered private passenger motor vehicle," and who is not a named insured or insured under any private passenger policy, is not precluded from suing for noneconomic or economic loss under tort law. So a pedestrian or cyclist with no household policy and no car generally keeps full tort rights.

Rules That Apply in Both Scenarios

Your bodily injury claim against the driver

You can also sue the at-fault driver for medical expenses beyond your benefits, lost wages, and (subject to your tort option) pain and suffering. Pennsylvania uses modified comparative negligence: under 42 Pa.C.S. § 7102(a), your own negligence "shall not bar a recovery" if it "was not greater than the causal negligence of the defendant or defendants," but your damages are "diminished in proportion to the amount of negligence attributed to the plaintiff." Our comparative negligence FAQ explains the math. If you were hit in a bike lane gap or while riding on a sidewalk, read what happens when you are hit on a sidewalk or a road with no bike lane.

No double recovery, and no payback to your insurer

75 Pa.C.S. § 1722 provides that a claimant eligible for first-party benefits "shall be precluded from recovering the amount of benefits paid or payable" from the driver or in a UM/UIM claim. And 75 Pa.C.S. § 1720 says "there shall be no right of subrogation or reimbursement from a claimant's tort recovery" for benefits paid under §§ 1711, 1712 and 1715. Different rules can apply to Assigned Claims Plan payments (75 Pa.C.S. § 1756) and to some health plan, Medicare and Medicaid liens; an attorney can confirm how this applies to your case.

The two-year deadline

42 Pa.C.S. § 5524 provides that "The following actions and proceedings must be commenced within two years," including actions "for injuries to the person or for the death of an individual" caused by another's negligence. If a government vehicle or road defect is involved, 42 Pa.C.S. § 5522 generally requires written notice to the government unit within six months (see deadlines for claims against government entities). See our statute of limitations FAQ.

Decision Helper: If You ... Then ...

• If you own an insured car, then your own carrier pays medical bills first; check your tort option and UM/UIM limits.
• If you have no car but live with a parent, spouse or other relative who has a policy, then you are likely an "insured" under that policy; give notice to that insurer.
• If no one in your home has a policy and the driver was insured, then the driver's carrier pays first-party benefits under § 1713(a)(4), and you also have a liability claim.
• If no one in your home has a policy and the driver was uninsured or fled, then apply to the Assigned Claims Plan, report the crash to police, and talk to a lawyer about the § 1754 claim.
• If you own a registered car with lapsed insurance, then expect a first-party denial under § 1714 and a deemed limited tort election under § 1705(a)(5); use health insurance while pursuing the driver.
• If your household chose limited tort, then have an attorney review whether the election binds you and whether an exception (DUI, out-of-state vehicle, uninsured driver) or a "serious injury" applies.
• If the driver's liability limits are too low, then check every household policy for underinsured motorist coverage. See our uninsured motorist coverage guide.

What to Gather

• Declarations pages for every auto policy owned by you or any relative who lives with you
• The police incident number and the PennDOT crash report (how to request your crash report)
• The driver's name, plate, insurer and policy number
• Photos of the scene, vehicle, bike and injuries
• Witness contact information and any nearby video sources
• EMS and hospital records, bills and explanations of benefits
• Proof of lost wages
• Your damaged bicycle, helmet and gear, kept unrepaired

Mistakes to Avoid

• Telling an adjuster you "have no insurance" without checking whether a household relative's policy covers you.
• Giving a recorded statement to the driver's insurer before you understand your tort option.
• Skipping the police report, or failing to notify your insurer within 30 days (or as soon as practicable), which § 1702 requires for hit-and-run UM coverage.
• Repairing or discarding the bike, which is often key evidence.

What Happens Next

1. We identify every household and vehicle policy, notify each carrier, and open your first-party medical claim.
2. We send preservation letters for vehicle data, traffic and business video, and 911 records.
3. We build the claim against the driver, assess UM/UIM or Assigned Claims options.

Why Work With Quinlan Law Group

Sean Quinlan, Esq. has been licensed in Pennsylvania since 2001, with offices in Camp Hill and Harrisburg serving clients statewide. I send preservation letters early when evidence is at risk. Learn more on our pedestrian and bicycle accident practice page or browse our walking and biking injury FAQ.

Frequently Asked Questions

Does my car insurance cover me if I am hit while walking in Pennsylvania?

Usually yes. Under 75 Pa.C.S. § 1713(a)(1), a named insured recovers first-party medical benefits from the policy on which he or she is named, even when injured as a pedestrian or cyclist. Every Pennsylvania car insurance policy must include at least $5,000 in medical benefits under § 1711(a); motorcycle policies are an exception.

Who pays my medical bills if I do not have car insurance?

A policy owned by a relative you live with usually pays first. If there is none, § 1713(a)(4) points to the policy on any vehicle involved. If no policy applies, for example because the vehicle was uninsured or unidentified, you may qualify for the Assigned Claims Plan, which pays medical benefits up to $5,000, reduced by any health insurance benefits, if you are a Pennsylvania resident and do not own a registered vehicle, among other requirements.

Am I bound by limited tort if I was a pedestrian?

Possibly. Section 1705(b)(2) applies a named insured's tort election to household insureds who are not named insureds on another policy, and being a pedestrian or cyclist is not a listed exception. If you are the named insured on your own policy, your own election controls. Exceptions exist, such as a driver convicted of DUI or accepted into ARD for DUI in that crash. An attorney can confirm how this applies to your case.

Will my auto insurer take back what it paid from my settlement?

Generally no. 75 Pa.C.S. § 1720 bars subrogation or reimbursement from a claimant's tort recovery for first-party benefits. Under § 1722, you also cannot recover those same benefits from the driver.

How long do I have to sue the driver?

Most Pennsylvania personal injury lawsuits must be filed within two years under 42 Pa.C.S. § 5524. Claims against a government unit generally require written notice within six months under 42 Pa.C.S. § 5522.

Talk to a Pennsylvania Injury Lawyer About Your Case

Get these coverage questions answered before you give a statement or sign any form. Call (717) 724-7503 or request a free case review. Your consultation is free and confidential. We handle injury cases on a contingency fee, so you pay no attorney fee unless there is a recovery. You may be responsible for certain case costs and expenses in addition to the fee, as explained in your written fee agreement. Our Camp Hill office at 3425 Simpson Ferry Rd, Suite 100, Camp Hill, PA 17011 serves clients statewide.

This article is general information about Pennsylvania law, not legal advice for your specific situation, and reading it does not create an attorney-client relationship. Attorney advertising. Sean Quinlan, Esq., Quinlan Law Group, Camp Hill, PA.

Serving injured Pennsylvanians in: Philadelphia.