I have written several entries regarding the first-party medical benefits that are available for individuals injured in car accidents, assuming that the injured individual has an auto insurance policy. However, what happens when a pedestrian is hit by a car and that pedestrian does not have an auto insurance policy? Who pays this person’s medical bills?
In Pennsylvania, the answer to these questions is generally relatively simple. For starters, if the pedestrian owns a car and is not carrying insurance, they will likely be unable to obtain first-party medical benefits under Pennsylvania law.
Assuming the pedestrian does not own a car, we look to the other individuals residing in the pedestrian’s household for coverage. If that pedestrian resides with a resident relative who has an automobile insurance policy, they generally can obtain first-party medical benefits through that relative’s policy. If the pedestrian does not reside with a relative who has auto insurance, we next look to the driver of the vehicle that hit the pedestrian for first-party medical benefits.
Sometimes we encounter situations where none of these options are available. Most often this occurs when the vehicle that hit the pedestrian fleas the scene or is uninsured. Under these circumstances, the pedestrian will likely qualify for medical benefits through a state fund called the Assigned Claims Plan.