People involved in car crashes often have access to insurance coverage. California has long required liability insurance and recently increased minimum coverage amounts. When a driver hits another vehicle, crashes into a cyclist or knocks down a pedestrian, their liability coverage can pay for the losses incurred by the other party.
People sometimes take for granted the idea that insurance can fully reimburse them for their property damage losses, medical expenses and lost wages. However, car crashes can easily generate expenses that go well beyond what insurance covers, especially when a vehicle injures a pedestrian.
Mandatory coverage falls short
The current car insurance requirements in California are higher than they were just a few years ago. Drivers now need to have at least $15,000 in property damage coverage. They also need to have two minimum coverage amounts of bodily injury liability coverage.
If they injure one person, as is likely the case in a pedestrian crash scenario, the minimum amount of coverage a driver should have is $30,000. In cases where people cause crashes that injure two or more people, the minimum amount of bodily injury liability coverage increases to $60,000.
Even with those increased coverage requirements, many people may find that insurance is insufficient based on the cost of pedestrian injuries after a crash. People may have broken bones. In fact, they may have multiple broken bones or comminuted fractures. Comminuted fractures typically require surgery and physical therapy because the bone breaks into many small pieces.
People also have to consider lost wages during their recovery and lost earning potential caused by long-term or permanent symptoms. Brain injuries, severe fractures, amputations and spinal cord injuries can all force people to change jobs or leave them completely incapable of working to support themselves.
Insurance companies typically only provide compensation up to the policy limits. Often, they try to settle for less than the maximum policy limit.
What happens when insurance isn’t enough?
In scenarios where people have provable current losses and future expenses that go beyond what insurance covers, they may have grounds for a personal injury lawsuit. Pedestrians hurt by negligent drivers who didn’t properly monitor their surroundings may have grounds for a lawsuit. They can potentially recover losses beyond what insurance covers.
Particularly in cases where the driver at fault for a crash carries only the minimum amount of insurance required by law, people may need to look into whether they have grounds for a lawsuit to recoup their other expenses. Getting support when looking into options for compensation can help people limit the economic harm generated by a pedestrian collision.