Traffic accidents involving pedestrians have always been an issue on Colorado roadways. According to the Colorado Department of Transportation (CDOT), 2023 saw a record-high number of pedestrian deaths at 133, a 16% increase from 2022

If you’re a pedestrian involved in an accident in Colorado, one of the first questions you might ask about is insurance coverage. Specifically, does your auto insurance cover incidents involving pedestrians? Does the insurance of the perpetrator cover your accident? And how does this all get solved? 

Dealing with insurance companies is a difficult matter, especially when you’re healing from an accident. That’s why we’ve compiled some relevant information to keep in mind should someone find themselves in this situation. 

Understanding Car Insurance Coverage for Pedestrians

First off, how does auto insurance help pedestrians In Colorado? Car insurance isn’t just about protecting drivers, policies are also designed to also help pedestrians in any vehicle-related accident. Pedestrians are covered under various auto insurance policies through liability insurance, Uninsured/Underinsured motorist coverage, and Medical Payments Coverage.

If you’re ever curious about how much your policy covers for these instances we recommend contacting your auto insurance company. However, here are some basic facts regarding each of these aspects of auto policies.

Liability Insurance

Liability insurance is a mandatory part of auto insurance policies in Colorado. This insurance covers bodily injuries and property damage that the insured driver may cause to another person. If a driver hits a pedestrian, the driver’s liability insurance comes into play to cover medical expenses, lost wages, and potential pain and suffering for the pedestrian.

Colorado requires minimum coverage starting at $25k for bodily injury or death to any one person in an accident, $50k for bodily injury or death to all persons in any one accident, and $15k for property damage in any one accident according to the Colorado Legislature.

Usually, this coverage will be what drivers pull from however, if the driver doesn’t have this coverage, or any coverage at all, there are still options for the pedestrian.

Uninsured/Underinsured Motorist Coverage (UM/UIM)

If a pedestrian is hit by a driver who does not have sufficient insurance or any at all, the pedestrian’s own UM/UIM coverage can provide compensation. This coverage is part of one’s auto insurance policy and kicks in to cover losses that the at-fault driver’s insurance cannot fully cover.

While this coverage is optional in Colorado, it’s wise to have this in your policy. According to the Insurance Information Institute 14% of drivers nationwide are reported to be uninsured. When specifically looking into Colorado residents 17.5%, according to a 2022 study, are uninsured.

Having this option included in your policy can be a major assistance if you’re ever caught in a bad situation. Without it, getting fair compensation for injuries could become much more difficult.

Medical Payments Coverage (MedPay)

MedPay is an optional coverage in Colorado that can be added to an auto insurance policy. It covers medical expenses for injuries sustained in a car accident, regardless of who is at fault. Pedestrians hit by a vehicle can claim MedPay benefits from the driver’s policy to cover immediate medical costs.

 

Scenarios Where Car Insurance Comes Into Play

Consider these real-world scenarios to understand how insurance might cover pedestrian accidents in Colorado:

At-Fault Driver Has Insurance

A pedestrian is crossing the street within a crosswalk when a driver, is distracted by a phone, only when distracted by the phone? fails to stop. The pedestrian is injured. In this scenario, the driver’s liability insurance should cover the pedestrian’s medical bills and other compensatory damages. What if not? 

Hit-and-Run or Uninsured Driver

A pedestrian is walking along a sidewalk when a car swerves off the road, hitting them before speeding away. The pedestrian’s own UM/UIM coverage would help cover medical expenses and other losses if the driver isn’t found or is uninsured.

Pedestrian With No Auto Insurance

If a pedestrian does not have personal auto insurance and is hit by an insured driver, the driver’s liability coverage still steps in to cover the pedestrian. If the driver is uninsured and the pedestrian lacks UM/UIM coverage, the situation can become complicated, leaving the injured with fewer options for recovery.

 

What Should You Do If You’re Involved in a Pedestrian Accident?

 If you’re involved in a pedestrian accident in Colorado, seeking medical attention is an immediate must. Your injuries may not seem particularly dangerous at the moment, but that may be due to shock or adrenaline coursing through your body. Once the dust settles you may discover you are more hurt than you initially thought. Some injuries sustained may need to be handled immediately as well. So always seek medical attention immediately once an accident has occurred.

Next, the accident should be reported to local authorities so a file can be reported. This will be important for insurance claims or legal actions later down the line. While the authorities are on their way be sure to gather evidence if possible. Collect contact information from witnesses, take photos of the scene, and most importantly your injuries as well. 

Finally, consult a personal injury lawyer as soon as possible. A PI lawyer can help guide you through your options and help with negotiations with the insurance companies, so you receive fair compensation.