Does Uninsured Motorist Coverage Apply To A Pedestrian Accident?

Being struck by a vehicle as a pedestrian is a terrifying and often life-altering experience. In the aftermath of such an accident, victims are left to deal with physical injuries, emotional trauma, lost wages, and mounting medical bills. But what happens if the at-fault driver has no insurance—or worse, if they flee the scene? Many people wonder whether their own uninsured motorist (UM) coverage can help in this kind of situation.

The answer is: Yes, uninsured motorist coverage can apply to pedestrian accidents—but with some important conditions and considerations. In this blog, we’ll break down how uninsured motorist coverage works, when it applies to pedestrians, and how to protect your rights if you’re ever involved in such an incident.

What Is Uninsured Motorist (UM) Coverage?

Uninsured motorist coverage is a type of auto insurance that protects you if you are injured in an accident caused by a driver who:

Has no insurance
Has insufficient coverage to compensate you fully (underinsured)
Leaves the scene (hit-and-run)

UM coverage typically comes in two forms:

Uninsured Motorist Bodily Injury (UMBI): Covers medical expenses, lost wages, and pain and suffering for you and your passengers if injured by an uninsured driver.
Uninsured Motorist Property Damage (UMPD): Covers damage to your vehicle or property caused by an uninsured driver (note: not all states offer or require UMPD).

Illinois requires drivers to carry UM coverage and mandates that insurers offer it. Most drivers opt for it as an important layer of protection.

Can a Pedestrian Use Their Own UM Coverage?

Yes—if you are struck by a vehicle as a pedestrian, you may be able to use your own uninsured motorist coverage to cover your injuries, even though you were not in a car at the time of the accident. This surprises many people, but it’s a critical protection.

If you carry auto insurance that includes UM coverage, and you are injured by an uninsured or hit-and-run driver while walking, jogging, or standing near a roadway, your policy can step in to provide compensation.

This coverage generally applies whether the pedestrian is:

Crossing the street at an intersection
Walking in a crosswalk
Standing on a sidewalk
In a parking lot
On the side of the road

In legal terms, as long as the pedestrian is a “covered person” under the policy, UM coverage is typically available—even though the injured person was not occupying a vehicle at the time.

How Uninsured Insurance Work in Illinois?

In Illinois, uninsured motorist bodily injury coverage is required by law for all motor vehicle insurance policies. The state mandates a minimum of $25,000 per person and $50,000 per accident in UM coverage. However, many drivers carry higher limits for added protection, as these limits do not cover medical bills from serious injuries.

Under Illinois law, if you’re a pedestrian and are hit by a driver who has no insurance or flees the scene, you can file a UM claim through your own auto insurance policy. If you don’t own a vehicle but live with a relative who does and you are listed as a covered individual on their policy, you may still be eligible for coverage.

What About Underinsured Motorist (UIM) Coverage?

Underinsured motorist coverage (UIM) is similar to UM, but it applies when the at-fault driver has insurance, just not enough to cover the full extent of your damages.

For example, if your medical expenses total $100,000 but the driver only carries the Illinois minimum of $25,000 in liability coverage, your UIM coverage may kick in to cover the remaining $75,000 (up to your policy limits).

As a pedestrian, if you’re injured by a driver with inadequate insurance, you can potentially access your UIM benefits just like UM benefits.

What If the Driver Flees the Scene?

Hit-and-run pedestrian accidents are tragically common, and victims often feel helpless when the at-fault driver can’t be identified. In these cases, uninsured motorist coverage is crucial. Most UM policies cover hit-and-run accidents, even when the driver is never found—as long as there is evidence that a vehicle was involved.

However, your insurance company may require:

A police report of the incident
Prompt notification of the accident
Witness statements or surveillance footage

It’s important to report the accident to police and your insurer as soon as possible to protect your ability to file a claim.

How Do You File a UM Claim as a Pedestrian?

If you’ve been hit by an uninsured or unknown driver while walking, here’s what you should do:

Seek Immediate Medical Attention: Even if your injuries seem minor at first, get checked out. Injuries can worsen or become apparent later.
Call the Police: A police report is essential for documenting the accident and can help support your UM claim.
Gather Evidence: Take photos of the scene, your injuries, and any damage to property. Collect names and contact info of witnesses.
Notify Your Insurance Company Promptly: Let your insurer know about the incident right away. Delays can affect your ability to make a claim.
Consult an Experienced Naperville Car Accident Attorney: Insurance companies don’t always make the process easy. An Illinois pedestrian accident attorney can help ensure you get the full benefits you’re entitled to.

What Compensation Can You Recover After a Pedestrian Crash?

A UM claim for a pedestrian accident may include compensation for:

Medical bills
Rehabilitation costs
Lost income or earning capacity
Pain and suffering
Emotional distress
Permanent disability or disfigurement

Each case is unique, and the amount of compensation depends on the nature and severity of your injuries, the available coverage limits, and the long-term impact on your life.

Common Challenges with UM Claims

Even though it’s your own insurance company, don’t assume they’ll pay out easily. Some common issues include:

Coverage Denials: Insurers may argue the policy doesn’t apply, or that the incident wasn’t covered.
Lowball Offers: Initial settlement offers may not fully reflect your damages.
Disputes Over Fault: The insurer may try to argue you were partially or fully at fault.
Delayed Payments: Some companies delay resolution to pressure you into settling for less.

This is why working with an experienced Naperville personal injury attorney can make a significant difference.

Don’t Assume You’re Not Covered as a Walker

Pedestrian accidents involving uninsured or hit-and-run drivers can leave victims feeling isolated and unsure of their rights. But if you carry uninsured motorist coverage, you may have a powerful tool at your disposal—even if you weren’t in your vehicle at the time.

If you or a loved one has been injured in a pedestrian accident, don’t navigate the legal and insurance maze alone. At John J. Malm & Associates, our experienced injury attorneys can help you understand your coverage, build a strong claim, and fight for the compensation you deserve.

“When a pedestrian is hit by an uninsured or reckless driver, the impact goes far beyond physical injury. That’s why uninsured motorist coverage exists—to protect victims when the responsible party cannot. We step in to protect their rights, hold wrongdoers accountable, and help families rebuild their lives with strength, dignity, and justice.” — Naperville uninsured accident attorney John J. Malm

Need Help After a Pedestrian Accident? Contact John J. Malm & Associates

At John J. Malm & Associates, our top-rated Illinois accident attorneys have over 90 years of combined experience handling personal injury and uninsured motorist claims throughout Illinois. Whether you were injured in Naperville, St. Charles, or anywhere in the Chicagoland area, we’re here to help you seek justice and financial recovery.

We are a premier personal injury law firm with offices conveniently located in Naperville and St. Charles, known for recovering millions of dollars on behalf of injured clients. Our team of six award-winning attorneys is committed to providing personal attention, aggressive representation, and compassionate support.

Call us today at 844-MALMLAW or submit a contact form on our website to schedule a free consultation.