Pedestrian accident claims: what to do and how a claim works
Last updated: November 10, 2026
If a vehicle hit you while you were walking, call 911, get a police report, and collect photos, witnesses and the driver's insurance details. The driver's liability insurance usually pays, and your own auto policy may help even though you were on foot.
What to do after a pedestrian accident
Get safe and call 911
Get out of the road if you can and call 911 so police and help can come. Do not let the driver leave without stopping.
Get a police report
Make sure the officer writes up the crash, and ask for the report number.
Take photos
Photograph the vehicle and its plate, the crosswalk or roadside, signals, signs, lighting and anything that blocked the view.
Find witnesses
Ask people nearby for their names and numbers. Nearby shops may also have cameras that recorded the crash.
Get the driver's details
Write down the driver's name, phone, license, plate, insurer and policy number. If the driver fled, tell the police what you saw.
Tell your insurer
If you have an auto policy, report the crash to your insurer too, and keep the claim number.
Keep records and receipts
Save receipts, records of time missed from work, replaced belongings and every letter about the crash.
Check the deadline
Find out how long you have to bring a claim in your state, and act well before it.
Who pays
The driver's liability insurance usually pays when the driver caused the crash. If the driver had no insurance, too little, or drove off, your own uninsured motorist coverage may help, even though you were walking.
Depending on your state and your policy, your own auto insurance or a household member's may also pay certain costs first. If a road defect played a part, a government agency may be involved, and its notice deadlines can be short.
How long you have
Every state limits how long you have to bring an accident claim. In most states the deadline is two to three years from the accident, some states allow less, and claims against a city, county or state agency often need a written notice within months.
Once the deadline passes, you can lose the right to be paid at all, so check yours early. The state guides list the deadlines in Florida, Texas, California, Georgia and New York, with the law each comes from.
How CaseHelp helps
Start with the free case check: a few questions about what happened. Then Sarah, CaseHelp's AI assistant, or a member of our team calls to go over your answers and your options.
If you have a claim, we introduce you to an independent partner law firm. Accident lawyers usually work on contingency, which means no fee unless they win; case costs may apply. There is no obligation at any step.
Deadlines and fault rules by state
Related guides
Frequently asked questions
What if I was not in a crosswalk?
You may still have a claim. Fault depends on what each person did, and it is often shared. See the state guides for each state's fault rule.
What if the driver drove away?
Call the police right away with anything you remember. Your own uninsured motorist coverage may help when the driver is never found.
I do not own a car. Can insurance still help?
Possibly. A policy of someone in your household may apply, and the driver's insurance usually pays if the driver caused the crash.
Can I get camera footage of the crash?
Shops, buses and traffic cameras may have recorded it, but footage is often erased quickly, so ask early or have a lawyer ask.
CaseHelp is not a law firm and does not give legal advice. This page is general information, not legal advice, and laws change. For advice about your own situation, talk to a licensed lawyer in your state.