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Question: I was walking in Center City, Philadelphia, during my lunch break and was hit by a car as I was crossing the street.  I took a hard fall to the ground and have several herniated discs in my back as a result.  I also broke my arm from the fall.  I thought the driver who hit me would pay for my medical expenses, so I have been trying to get in touch with his insurance company.  However, some of my friends told me that I need to call my own car insurance company.  Why would my car insurance company pay for my medical expenses if I was hit by another driver?  Plus, I wasn’t even driving a car.  Can you tell me if that is true?

Answer: Although it makes total sense that the driver who hit you would pay for your medical expenses, it is unfortunately not the case.  Your friend is correct in that your own car insurance company would pay for your medical expenses as a result of the car accident.

Pursuant to Pennsylvania car accident law, an injured insured driver makes a claim with their own car insurance company for medical expenses related to the car accident under the PIP coverage, regardless of who caused the accident.

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This holds true when the injured individual is injured as a pedestrian in a pedestrian car accident.  Therefore, in your case, even though you were not driving your car at the time of the accident, your medical expenses would be covered by your own car insurance via PIP coverage, up to the limit purchased.  If you have the minimum requirement of $5,000 in medical benefits, then your car insurance would provide up to $5,000 in medical coverage.

The only time that the at-fault driver’s insurance policy would pay for the medical expenses is if the injured car accident victim or injured pedestrian does not have their own auto insurance policy or is not covered under other applicable auto insurance policies.

If your medical expenses exceed the limit of your PIP coverage, then your health insurance would be the next level of coverage.  If you have copays and deductibles, then you may recover those expenses from the at-fault driver in a car accident lawsuit.

Our Philadelphia car accident injury lawyers offer FREE consultations.  Feel free to call our office to schedule an appointment.  We are happy to answer any questions and concerns you may have. (866) 641-0806

You can also visit our Philadelphia car accident library to learn more about Pennsylvania car accident and insurance laws.