Pedestrian struck by car has ability to access personal injury protection benefits of the striking vehicle

Posted Friday, February 05, 2010 by Ed Harper

An often overlooked provision in a motor vehicle insurance policy is the benefits a pedestrian is entitled to upon being struck by a vehicle. A pedestrian, (a person afoot – which includes a wheelchair and bicyclists) who may or not have their own vehicle can rightfully make a claim under the striking vehicle’s insurance policy. This provides first party benefits for the pedestrian.

Personal injury protection (PIP) extends no-fault coverage for medical expenses, income continuation, loss of services, and funeral expenses incurred by an individual due to bodily injuries suffered in an automobile collision. RCW 48.22.095 mandates the minimum levels of PIP benefits that may be offered.

This allows another lay of coverage for the injured person. If one is fortunate to have their own PIP coverage from their own auto insurance policy, this would provide a second layer of coverage. Then, once the PIP benefits have been exhausted from all auto insurance policies, health insurance coverage or government health care benefits would arise and provide coverage.

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