What if one of my family members were injured by an uninsured/underinsured motorist as a pedestrian?
By GNGF on January 19th, 2023 in
If a loved one has been injured or killed by an uninsured or underinsured motorist then you may be facing not only physical recovery, grief, and an inability to work and make a living, but also financial struggles. When your pedestrian accident was the result of carelessness or negligence on the part of the driver, the usual course of action would be to file a claim with the driver’s insurance. Unfortunately, in some cases, a driver may not have insurance or could be woefully underinsured.
New Mexico ranks fourth among the top ten states with the highest number of uninsured drivers, with 21.8 percent of all drivers uninsured. Texas is better, with only 8.3 percent of its drivers being uninsured. Even drivers who have insurance may not have high enough limits to fully cover the level of injury a pedestrian could sustain when hit by a vehicle.
Pedestrians who are struck by an automobile often have severe, even catastrophic injuries that can require months, years, or even a lifetime of medical interventions and rehabilitative therapies. If you find that the driver who hit you is uninsured or underinsured, you may have to file against your own auto insurance—if you have uninsured/underinsured motorist coverage.
A pedestrian’s own automobile insurance “follows” the pedestrian, not the pedestrian’s motor vehicle. Therefore, a pedestrian’s own automobile insurance provides certain protection to the pedestrian even when they are not in their vehicle, including medical payments and personal injury protection, along with uninsured and underinsured motorist coverage.
If a loved one’s injuries from being hit by a motorist were so severe that he or she died, then you would be filing a wrongful death claim. A wrongful death claim is one that might first have been a personal injury claim, but when the victim dies of their injuries it becomes a wrongful death claim. In the state of Texas, the legal surviving spouse, children, or parents of the decedent may initiate a wrongful death claim. If no claim is filed by one of those individuals within three months of the death, then an estate representative can file a wrongful death claim on behalf of the decedent’s estate.
In the state of New Mexico, a wrongful death claim can only be filed by the personal representative or executor of the decedent’s estate. In most cases, the executor is the person named in the decedent’s will, but if there is no will, the courts will name an executor. Any proceeds from the wrongful death claim must be distributed according to the decedent’s will or the state’s intestate laws.
What happens if the driver who hit me had insurance, but the insurance was less than my case is worth?
You do not have to be in your own vehicle to claim benefits under your own automobile insurance. A pedestrian’s own automobile insurance follows the pedestrian, not the pedestrian’s motor vehicle. Therefore, a pedestrian’s own automobile insurance provides certain protection to the pedestrian even when they are not in their vehicle, including medical payments and personal injury protection, along with uninsured and underinsured motorist coverage.
Check your own insurance policy to see whether you chose uninsured/underinsured motorist coverage when you purchased your policy. While insurance companies are required to offer uninsured/underinsured coverage, policyholders are not legally required to purchase the coverage. If your injuries from the pedestrian accident are extensive and will exceed the limits of the at-fault driver’s coverage, then you could potentially file with your own insurance for expenses that go over the coverage limits.
It is wise to speak with a knowledgeable pedestrian accident attorney as quickly as possible following your accident. An experienced pedestrian accident attorney from Harmonson Law Firm can help you get the medical treatments you need and will fight for a settlement that fully pays all your expenses related to the accident. These expenses may include medical expenses, lost wages and lost future wages, pain and suffering, and other damages related to your accident.
How Can the Harmonson Law Firm Help?
When you choose Harmonson Law Firm, you choose a firm that is dedicated to helping good people injured in bad accidents. Our first goal will be to ensure you receive the medical treatments necessary. We have relationships with providers across the El Paso and Las Cruces areas which allows us to find you any necessary treatment. Next, we will work to ensure you receive a full and fair settlement for your injuries.
We will negotiate with the at-fault individual’s insurer to this end, but if they are unwilling to pay what your claim is worth, we are always prepared to go to court to attain justice for you and your family. At Harmonson Law Firm, our attorneys have the compassion and necessary experience to make sure our injured clients are taken care of in the best way possible. If you are looking for these factors in a firm following your pedestrian accident, contact Harmonson Law Firm today. Please note that nothing herein is meant as legal advice specifically related to your case.
