A hit-and-run pedestrian claim may seem like a dead end when the driver disappears. According to AAA, over 2,100 people were killed in hit-and-run crashes in 2022, with pedestrians making up the majority of those victims. One of these collisions happens approximately every 43 seconds across the United States.
If you were struck while walking and the driver fled, you are likely facing serious injuries and uncertainty about how to recover damages. What are your options if the police never identify the driver? Can you still get compensation? What does your insurance actually cover?
This guide explains what to do after a pedestrian hit-and-run incident, how uninsured motorist pedestrian claims work, when to involve a lawyer, and why boosting your uninsured motorist coverage can be a crucial financial safeguard.
Key Takeaways
- Hit-and-run drivers are legally treated as “uninsured” in most states.
- Your uninsured motorist (UM) coverage can apply even if you were walking or standing when struck.
- Victims may recover through insurance claims, crime victim compensation programs, and legal action.
- Raising your UM limits to $500,000 or $1,000,000 often costs little but offers powerful financial protection.
- A pedestrian injury lawyer can handle evidence gathering, negotiations, and insurance disputes.
How Uninsured Motorist Pedestrian Coverage Works
If the driver who hit you is never found, you may be able to file a claim through your own auto insurance policy under uninsured motorist pedestrian coverage. Many people don’t realize that this coverage can apply even when you're not in a vehicle.
In most states, hit-and-run drivers are legally considered "uninsured." That means your own uninsured motorist (UM) coverage could pay for:
- Emergency medical treatment
- Ongoing rehabilitation or therapy
- Lost income and reduced earning capacity
- Pain and suffering
- Permanent impairment or disability
This coverage applies whether you were walking, running, using a mobility device, or standing on a sidewalk. Depending on the language in your policy, you may also be covered by a family member’s policy if you live in the same household.
However, some insurers exclude pedestrian coverage unless it is specifically stated. It is essential to review your policy documents or have a lawyer examine them for clarity.
Why You Should Increase Your UM Coverage
Even if you already carry UM coverage, the limits on your policy may not be enough to cover catastrophic injuries. Hospitalizations, surgeries, and long-term rehabilitation after a hit-and-run pedestrian accident can easily surpass $100,000 in medical expenses alone.
That’s why many attorneys recommend raising your UM limits to $500,000 or even $1 million. Surprisingly, doing so often costs very little compared to the protection it provides.
- On average, adding an extra $100,000 in UM coverage costs just $10–$40 per year.
- In some states, such as Tennessee, the cost is even lower, around $13 per $ 100,000 of coverage annually.
- Many drivers report increases of only $5–$25 per month to boost coverage to much higher levels (Bankrate).
According to NerdWallet, uninsured and underinsured motorist coverage is among the most affordable parts of an auto policy. Yet, it provides one of the most enormous safety nets if you’re hit by a driver who has no insurance or who flees the scene.
For most families, increasing UM coverage to higher limits offers a powerful financial cushion without significantly raising premiums. A quick call to your insurer can confirm the exact cost for your household.
What To Do After a Hit and Run as a Pedestrian
The steps you take after the crash can make a difference in your ability to file a successful hit-and-run pedestrian claim.
- Call 911 right away – Emergency responders will provide care and file a police report.
- Request a copy of the police report – Insurers require it to confirm the driver left the scene.
- Get contact details from witnesses – They may provide critical details about the vehicle.
- Look for security cameras nearby – Ask businesses or residents if their cameras recorded the crash.
- Notify your auto insurance carrier – Report that you intend to file a UM pedestrian claim.
- Speak with a pedestrian injury lawyer – An attorney can guide your claim and protect your rights.
Acting quickly preserves evidence and strengthens your claim, especially if the police are unable to identify the driver in the first few days.
Collecting Surveillance Footage from Local Businesses
One of the most effective ways to locate a hit-and-run driver is through video footage. Businesses near the crash site may have surveillance cameras that recorded the incident.
- Move quickly; many systems delete footage within 48 to 72 hours.
- Ask nearby businesses if their cameras are positioned to face the road or sidewalk.
- Some may require a subpoena or police request for footage.
- Document locations and angles of cameras for follow-up.
If you are hospitalized or physically unable to conduct the investigation, a lawyer can handle this process on your behalf.
Working With Police to Extend the Investigation
Investigations often lose momentum after the first few days. To keep your case active:
- Follow up regularly with the lead officer.
- Ask about nearby traffic or red-light cameras.
- Provide even partial details about the vehicle.
- Request a public alert if possible.
A lawyer can coordinate with law enforcement and keep your case from fading into the background.
Calculating Noneconomic Damages Without a Known Driver
Without a driver to cross-examine, proving noneconomic damages requires documentation such as:
- Medical records and physician statements
- Testimony from mental health providers
- Witness statements from family or coworkers
- Expert opinions on long-term prognosis
- A personal journal describing pain and limitations
Insurance companies often undervalue these damages. Legal representation helps ensure fair compensation.
Filing a Crime Victim Compensation Application
Many states offer crime victim compensation programs for victims of hit-and-run crashes. Benefits may cover:
- Medical care
- Counseling
- Lost wages
- Funeral costs (for fatal cases)
Eligibility usually requires reporting the crime quickly, cooperating with law enforcement, and filing within strict deadlines.
Why You Should Hire a Pedestrian Injury Lawyer
Hit-and-run pedestrian claims can be complex, especially when the driver is not identified. A lawyer can:
- Review your policy for UM pedestrian coverage
- Secure surveillance footage and evidence
- Communicate with law enforcement.
- File for both economic and non-economic damages
- Assist with crime victim compensation programs.
- Negotiate with insurers or pursue litigation.
With more than 40 years of experience and billions recovered for clients nationwide, Cory Watson Attorneys understands the unique challenges of pedestrian hit-and-run cases.
Frequently Asked Questions
Can I get compensation if the driver is never found?
Yes. Most victims file under their uninsured motorist coverage, which treats hit-and-run drivers as uninsured.
Does UM coverage apply when I’m walking?
In most states, yes. UM coverage typically follows you as an individual, not just as a driver.
How much does it cost to raise my UM coverage?
Typically $10–$40 per year per $100,000 in coverage. Many drivers increase their limits to $ 500,000 or $1 million for only a few extra dollars per month (Bankrate).
What if I don’t have UM coverage?
You may be eligible to apply for state crime victim compensation programs or explore other legal options.
Do I need a lawyer for a UM pedestrian claim?
While you can file on your own, insurers often delay or undervalue claims. A lawyer ensures you get full compensation.
Final Thoughts
Getting hit by a car is traumatic. When the driver flees and is never found, it can feel like you are left without answers or options. But you still have rights.
Through uninsured motorist pedestrian coverage, state victim compensation programs, and legal help, you may still recover financial support for your injuries, missed work, and long-term suffering.
If you or a loved one was injured in a pedestrian hit-and-run, contact us today. Your consultation is free, and you pay nothing unless we recover compensation for you.
About Cory Watson Attorneys
For more than 40 years, Cory Watson Attorneys has fought for injury victims across the United States. With offices in Birmingham, Memphis, and Nashville, our firm has recovered over $4 billion for clients in personal injury, wrongful death, product liability, and mass tort cases.
We pride ourselves on being both compassionate advocates and aggressive litigators. Whether your case involves a hit-and-run pedestrian claim, defective product, or catastrophic accident, we are here to protect your rights and maximize your recovery.
Contact us today to schedule a free consultation. You don’t pay unless we win for you.