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You Were Hit While Walking or Riding a Bike. Whose Insurance Pays?

Quick answerStart with the driver's liability insurance, which pays if the driver was at fault. If the driver had no insurance, too little, or drove off, your own uninsured motorist coverage can follow you: for a policy in your name, California's definition of an insured covers you, your spouse and relatives living with you 'in a vehicle or otherwise', which includes walking and cycling.

Pedestrians and cyclists often assume car insurance has nothing to do with them because they were not in a car. Two policies can matter: the driver's, and, if your household owns a car, your own.

Who pays, in the order it usually works

  1. The driver's bodily injury liability, if the driver was at fault, up to their limit.
  2. Your household's uninsured motorist coverage, if the driver had no bodily injury insurance, or less than your UM limit, or cannot be identified. Insurance Code section 11580.2 defines the insured to include the named insured, spouse and resident relatives while occupying a vehicle "or otherwise".
  3. Medical payments coverage on your own policy, if you carry it and its terms extend to you as a pedestrian; that varies by insurance company.
  4. Your health insurance, for treatment while the claim is resolved.

What the law requires of the driver who hit you

A driver involved in an accident that injures someone must stop immediately, give their name, address, registration number and owner details, show their license on request, and render reasonable assistance, including arranging transport to medical care (Vehicle Code 20001 and 20003). Leaving an injury accident is a crime punishable by jail or prison.

Your steps from the curb onward

  1. Get medical care first, and call 911 if anyone is hurt. An injury accident brings police, and a report number.
  2. Get the driver's details and the plate, and photograph the vehicle, the scene, the crosswalk or bike lane, and your bike or belongings.
  3. Find witnesses before they walk away, and look for cameras on nearby buildings.
  4. Keep your bike and damaged gear as they are until the claim is settled; the damage pattern can help show how the impact happened.
  5. Open a claim with the driver's insurer, and tell your own auto insurer the same day if your household has a policy.

If the driver drove off

For an unidentified driver, the uninsured motorist statute sets three conditions: the injury came from physical contact between the vehicle and you; the accident was reported within 24 hours to the city police, the sheriff or the CHP; and a sworn statement reaches your insurer within 30 days. A near miss that made you fall, with no contact, does not meet the statutory definition.

What happens after you report

WhoWhat they will ask for
The driver's adjusterYour account, medical records, bills and wage proof; possibly a recorded statement, which you can ask to give in writing instead
Your own adjuster (UM or medical payments)The police report, the driver's insurance status, and your treatment records
Your health planNotice of the accident, because it may seek reimbursement from a settlement under its terms

What can go wrong

If your household has no car and no policy, these UM protections do not exist for you, and a non-owner policy is one way to carry them. To see what that would look like, request a quote.

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More of what callers ask

Does my car insurance cover me if I'm hit while walking?

Your uninsured motorist coverage can, if the driver was uninsured, underinsured or unidentified: California's definition of an insured covers you, your spouse and resident relatives in a vehicle or otherwise. Medical payments coverage for pedestrians varies by insurance company.

Who pays if a car hits me on my bike?

The driver's liability insurance, if the driver was at fault. If the driver had no or too little insurance, your household's UM coverage can respond.

What if the driver who hit me drove away?

Your UM can apply to an unidentified driver if there was physical contact, the accident was reported to police, the sheriff or the CHP within 24 hours, and a sworn statement reaches your insurer within 30 days.