Day 8: Insurance Claims and Compensation for Pedestrian Accidents

Pedestrian accidents can lead to severe injuries and significant financial burdens. Understanding how to navigate insurance claims and secure fair compensation is crucial for victims. Here’s a comprehensive guide on handling insurance claims and seeking compensation after a pedestrian accident in South Carolina.

Understanding Insurance Coverage

1. Automobile Insurance:

  • The at-fault driver’s automobile insurance typically covers pedestrian accident claims. This includes liability coverage for bodily injury and property damage.

2. Uninsured/Underinsured Motorist Coverage:

  • If the at-fault driver does not have insurance or has insufficient coverage, your own vehicle uninsured/underinsured motorist (UM/UIM) coverage (if you have purchased) can usually be invoked to help pay for your medical expenses and other damages even from a pedestrian accident if the liable driver was uninsured or underinsured.

3. Personal Injury Protection (PIP):

  • Some insurance policies include PIP coverage, which can help pay for medical expenses, lost wages, and other costs regardless of who is at fault and usually for pedestrian accidents.

Steps to Take After a Pedestrian Accident

1. Seek Immediate Medical Attention:

  • Your health is the top priority. Seek medical attention immediately, even if you believe your injuries are minor. Medical records will be essential for your insurance claim.

2. Report the Accident:

  • Notify the police and file an official report. The police report will provide critical documentation of the accident, including witness statements and details of the incident.

3. Gather Evidence:

  • Collect evidence at the scene, including photographs, witness contact information, and any available surveillance footage. Detailed evidence can support your claim and help establish liability.

4. Notify Your Insurance Company:

  • Contact your insurance company to report the accident. Provide them with accurate and detailed information but avoid making speculative statements or admitting fault.

Filing an Insurance Claim

1. Document Your Injuries and Expenses:

  • Keep detailed records of your medical treatments, expenses, lost wages, and any other costs related to the accident. This documentation will be crucial for your claim.

2. Submit a Claim:

  • File a claim with the at-fault driver’s insurance company. Provide all necessary documentation, including the police report, medical records, and evidence collected from the scene.

3. Negotiate with the Insurance Company:

  • Insurance companies often aim to minimize payouts. Be prepared to negotiate to ensure you receive fair compensation for your injuries and damages. It may be beneficial to have an experienced attorney handle negotiations on your behalf.

Types of Compensation

Victims of pedestrian accidents may be entitled to various types of compensation, including:

1. Medical Expenses:

  • Compensation for all medical costs related to the accident, including hospital bills, surgeries, medications, and rehabilitation.

2. Lost Wages:

  • Compensation for income lost due to the inability to work during recovery.

3. Pain and Suffering:

  • Compensation for physical pain and emotional distress caused by the accident.

4. Property Damage:

  • Reimbursement for any personal property damaged in the accident, such as clothing, electronics, or other items.

5. Future Medical Expenses:

  • Compensation for anticipated future medical treatments and ongoing care related to the injuries sustained.

Dealing with Denied Claims

If your insurance claim is denied, don’t give up. There are steps you can take to challenge the denial:

1. Request a Written Explanation:

  • Ask the insurance company to provide a written explanation for the denial. Understanding their reasoning can help you address any issues.

2. Gather Additional Evidence:

  • Collect any additional evidence that can support your claim. This might include further medical documentation or expert witness testimony.

3. File an Appeal:

  • Follow the insurance company’s appeals process. This often involves submitting a formal written appeal along with supporting documentation.

4. Consult an Attorney:

  • If the claim remains denied, consult with a personal injury attorney. They can help you understand your options and take legal action if necessary.


Navigating insurance claims and securing compensation after a pedestrian accident can be complex and challenging. Understanding the process and knowing your rights are crucial for ensuring you receive fair compensation. If you or a loved one has been involved in a pedestrian accident, contact The Bill Connor Law Firm in Orangeburg, SC, for expert legal guidance and representation. Our experienced attorneys are here to help you through every step of the process.