Uninsured and Underinsured motorist insurance provides coverage for pedestrians who are injured in hit-and-run accidents. The settlement provided by the insurance company is intended to compensate victims for the expenses arising from sustaining injuries in a pedestrian accident. However, insurance companies may attempt to deny pedestrian hit-and-run accident claims in bad faith.
If you purchase an insurance policy in Illinois, your insurance company is required to provide you with the coverage you paid for. Part of the minimum insurance required in Illinois is uninsured and underinsured motorist coverage. This coverage extends to cases involving hit-and-run drivers, as well as cases where a driver fails to retain sufficient coverage.
In 2022, 2,468 Chicago pedestrians were struck by a vehicle. Nearly 40% of these pedestrian accidents qualified as hit-and-runs. When a motorist flees the scene of a pedestrian accident, a victim’s injuries should be covered by his or her own uninsured motorist coverage. However, insurance companies may fail to uphold their end of the bargain in hit-and-run pedestrian accidents.
Table of Contents
When Insurance Companies Fail to Cover Illinois Hit-and-Run Pedestrian Accidents
In 2018, Carmen was finishing a shopping trip when she stepped into a parking lot and was struck by a car. Rather than stopping, the driver did what 40% of Chicago drivers do in pedestrian accidents – he took off.
Because Carmen was a pedestrian, her auto-insurance company denied her claim, since she wasn’t inside a vehicle when the accident occurred. Ankin Law took her case to court to enforce a longstanding Illinois public policy dating back to 1977 that says an auto-insurance company should provide coverage in such instances.
Though the judge that tried the case, as well as the appellate court, agreed with Carmen’s right to recover damages against her own insurance policy, the company has yet to pay out a settlement. Instead, her insurance company is appealing the case with the Illinois Supreme Court. If the insurance company’s appeal fails, Carmen will finally be able to seek justice by recovering a settlement in an arbitration hearing.
How Can Your Uninsured/Underinsured Insurance Coverage Help You in a Pedestrian Accident?
Victims of pedestrian accidents can recover damages against the at-fault driver’s insurance company. If you become a victim of a hit-and-run pedestrian accident, however, there is no at-fault driver available to file a claim against. Instead, you must file a claim with your own uninsured/underinsured motorist policy to financially recover, just like in a hit-and-run car accident.
Although you may already have health insurance that provides coverage for medical emergencies, you still may be left shouldering some of the financial burdens caused by your accident. Health insurance coverage typically only applies once a deductible is met. Deductibles in medical emergencies can reach thousands of dollars, depending on your coverage.
In addition to deductibles, you may face lost income while you are recovering from your injuries. You may also have sustained emotional injuries, which are not always covered by health insurance. Though your health insurance may not apply to all the damages you sustained in an accident, a settlement recovered from your uninsured/underinsured motorist policy will cover your additional costs.
Financial Recovery for Pedestrians Injured by Hit-and-Run Drivers
Financial recovery is available for pedestrians injured by hit-and-run accidents through their own insurance policy. This recovery comes in the form of a settlement, which compensates victims for the damages sustained in an accident. The compensatory damages available in a pedestrian accident claim fall into two categories: economic and non-economic damages.
Economic Damages
Economic damages are the financial losses sustained by a victim that are directly caused by the accident. In a pedestrian accident claim, economic damages typically include:
- Initial medical treatment costs
- Long term medical expenses
- Lost wages or lost future earnings
- Costs for prescriptions, medical equipment, or modifications to the home to accommodate a disability
Economic damages are typically easy to quantify, as they are provable with receipts, medical bills, or wage statements.
Non-Economic Damages
Non-economic damages are harder to quantify, as they represent the intangible costs associated with your injuries. Non-economic damages in an accident case can include:
- Loss of consortium
- Pain and suffering
- Disability or disfigurement
- Emotional injuries, such as anxiety, depression, and PTSD.
In Illinois, non-economic damages are calculated using the multiplier method. This method involves taking a predetermined number (typically 1-5) and multiplying by the calculated value of the economic damages to yield the value of the non-economic damages.
What If the Insurance Company Refuses to Cover Your Claim?
If the insurance company refuses to cover your pedestrian hit-and-run accident claim, you may still be able to recover damages through a lawsuit or an appeal. Typically, a car insurance claim is resolved out of court by negotiating a settlement between the insurance company and the victim. However, insurance companies are profit-driven entities whose main goal is to reduce the cost of paying your settlement.
The insurance company will go to great lengths to dispute the validity of your claim, or provide you with a low-balled settlement offer. When they fail to offer you a fair settlement, you can take your case to court in the form of a lawsuit. This allows a judge or jury to make a determination on your case, and subsequently allocate fair compensation.
What Happens If the Insurance Company Fights the Court’s Decision?
If the insurance company refuses to accept the determination made by the court, they may file an appeal. Similarly, if you disagree with the court’s denial of your pedestrian accident lawsuit, you may also seek an appeal. If initial attempts at an appeal fail, the case may be taken to the supreme court.
Your insurance company may be acting in bad faith when they deny your valid pedestrian hit-and-run accident claim. Disputing an insurance companies decision and negotiating a fair settlement offer can place you at the forefront of a lengthy legal battle. A pedestrian accident lawyer can help you fight the insurance company’s unfair tactics to help you financially recover.
