Yes, typically you should be able to use your own Personal Injury Protection (PIP) as well as your own medical coverage for your wife's injuries she sustained as a pedestrian who was hit by an uninsured motorist.

The law in Washington State does not require drivers to have PIP coverage, but an insurance company must offer it to policyholders. The WA Office of the Insurance Commissioner (OIC) gave us 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 and has this coverage).

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 but most allow for injuries from an accident involving you as a pedestrian.

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.

Unfortunately a lot of their advice is not helpful in your wife's situation since the at-fault driver that hit her in the crosswalk was driving without insurance. You should contact your agent about the coverages that you have on your auto insurance policy, such as PIP that you can make claims with to help pay for her medical expenses.

If you need more consumer advice on how to place a claim, then contact the Washington Office of Insurance Commissioner directly after speaking to your agent or insurance company's insurance adjuster regarding your claim.

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