If the car driver was at fault in the accident and had personal injury protection (PIP) this would normally extend to the pedestrian they caused injury to and would be primary. Next would be bodily injury liability coverages of the driver.

In Washington State PIP is optional insurance coverage for medical and other expenses, such as wage loss and funeral expenses, which result from an auto accident. PIP covers the person who is named on the policy, the residents of their household who are related by blood, marriage or adoption, and their step or foster children. It also covers non-family passengers and pedestrians involved in the accident.

The law in Washington State does not require drivers to have PIP coverage, but an insurance company must offer it to policyholders.

If as a pedestrian you are at fault due to jaywalking or dodging into traffic in front of a car or some other negligent act, then you would need to see if you own PIP coverages (if you have this as part of your own car insurance) would cover you and if not then your own medical or health insurance.

We contacted the WA Office of the Insurance Commissioner for more consumer advice on what a pedestrian that was hit by a car should do to make a claim for their bodily injuries suffered in the accident. Their response was that in Washington State, the Personal Injury Protection coverage of the vehicle applies first for the pedestrian's medical bills (if the car driver was at fault in the accident).

The pedestrian's own Personal Injury Protection coverage would apply second. The language of the auto insurance policy governs the use of the Personal Injury Protection coverage.

The WA OIC also noted that the pedestrian could also place a claim against the Bodily Injury portion of the vehicle's insurance at settlement time, for example, for pain and suffering and/or for the medical bills that are in excess of the PIP.

If you or someone you know was a pedestrian hit by a car and suffered injuries and you need more consumer advice on how to place a claim, then contact the Washington Office of Insurance Commissioner directly.

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