Child’s Rights in a Pedestrian Accident Claim

Answer:

When I’m asked about pedestrian accidents in Florida, what I often hear is something like this: “My child was injured as a pedestrian; what are my rights in order to make sure that my child will receive the compensation they deserve, and, more importantly, who’s going to pay for their medical bills that we’re already incurring?” First and foremost, what I explained to these clients is that under Florida law a pedestrian that is struck by a motor vehicle is required to have their medical expenses paid by their own auto insurance company, if they either own a motor vehicle or they’re too young to own a motor vehicle but they reside with a family member that owns a motor vehicle, which would fall under the PIP coverage. Under that policy, the insurance company will pay $10,000 of medical care and treatment for that child’s injuries at an 80% basis. Then the vehicle that the negligent driver was driving and the insurance company that insured that vehicle is going to have to pay that 20% that isn’t covered under that first $10,000 and any amounts beyond that $10,000.

Pedestrian accidents usually are very serious accidents. It’s important to know that as a pedestrian in Florida, if you’re struck by a motor vehicle, you have rights. You have an obligation to make sure that those bills were submitted to your own automobile insurance company on a primary basis. It’s also very important to understand in that instance that if there’s inadequate insurance, if the insurance is not available from the at-fault party that was driving the vehicle that struck your child or under your own uninsured motorist coverage, you’re entitled to seek compensation for those benefits, as well.

Here at Perenich Law Injury Attorneys we’re here to answer your questions. If your child was injured as a pedestrian, here in the state of Florida, we’re here to help you through this process to make sure that your child receives all the full damages that they’re entitled to for that injury.