Does car insurance cover you if you are hit by a car as a pedestrian? Yes. However, under Florida’s no-fault system, you must use your own auto insurance (or a resident relative's) first. You can only use the striking driver's insurance if you do not own a car or live with a relative who does. Additionally, your injuries must be permanent or severe before you can sue the driver for pain and suffering.

Understanding Insurance and How It Pays Your Bills

Florida operates under a no-fault insurance system, but how your bills are paid as a pedestrian depends on a strict statutory order of priority. If you are hit by a car, you must look to your own auto insurance policy first; your Personal Injury Protection (PIP) covers you even when you are walking. If you do not own a car, you must next look to the PIP policy of any resident relative you live with. Only if you do not own a vehicle and do not live with a relative who owns one can you claim PIP benefits from the striking driver's insurance.

Once the correct PIP policy is identified, it pays for 80% of your medical bills and 60% of your lost wages, up to $10,000. But in a serious pedestrian crash, $10,000 does not go very far. A single visit to the emergency room can easily cost more than that.

Once the $10,000 is used up, you can sue the driver for more money. By law, your injuries must be serious, like a permanent injury, scarring, or losing the ability to use a part of your body. If they are, you can claim money for your pain and suffering, future medical care, and the wages you will lose because you cannot work.

CHG Lawyers checks every possible source of insurance money. We look at the insurance of the car that hit you, your own car insurance, policies for rideshare drivers (like Uber or Lyft), and commercial insurance for delivery trucks and company vehicles that drive through Coral Gables.

What if the driver has no insurance? If the driver who hit you does not have insurance (or does not have enough), we can look at your own auto insurance. If you have "uninsured motorist" coverage, it can pay for your injuries even though you were walking and not driving. This is one of the most common ways to get money that other law firms miss.

Dangerous Streets for Pedestrians in Coral Gables

  • Miracle Mile and the Salzedo/Giralda Restaurant District

    Miracle Mile is a very busy street with many shops and restaurants. The nearby Giralda area is also busy, especially at night. Many accidents happen when people cross the street between restaurants and parking garages. The city designed this area for walking, but there are not enough safe crosswalks where people actually need to cross.

  • University of Miami Campus and US-1 Crossings

    Thousands of students cross US-1 (South Dixie Highway) every day. US-1 is a fast road, and the traffic lights with crosswalks are far apart. This makes people want to cross in the middle of the street. Since the state road department (FDOT) is responsible for this road, we can sometimes sue the government if the crossing is not safe.

  • Ponce de Leon Boulevard

    This is the main north-south street in Coral Gables, and our office is right on it. Cars often drive much faster than the 35 mph speed limit. There are long distances between crosswalks, making it dangerous for people walking between shops and homes.

Florida's 2023 Law Change — Who is at Fault

Under Florida's new law (HB 837), if you are found to be more than 50% at fault for the accident, you get nothing. Insurance companies will try to blame you. They will say you were jaywalking, crossing when the light was red, wearing dark clothes, or looking at your phone. Many accidents in the restaurant district and near the UM campus happen in these situations, so we must be ready for these arguments.

Why crossing the street is not automatically your fault: Insurance companies call any crossing outside of a crosswalk "jaywalking". But in a busy dining area, people naturally cross where the shops and garages are. We use experts to show that the city's street design invites people to cross this way. We also use Florida law (Statute 316.130), which says drivers must always look out for and yield to pedestrians, no matter where they cross.

Drivers must yield to pedestrians: Florida law says drivers have a duty to avoid hitting people walking. This duty does not disappear just because someone crosses in the middle of the block or against a light. We use crash experts to show the driver's speed and how much time they had to stop. This proves the driver's carelessness was the main cause of the crash.

Your Immigration Status Does Not Matter

In Florida, you have the right to file a claim even if you do not have legal status. CHG Lawyers helps everyone in Coral Gables. Everything you tell us is 100% confidential. Your medical records and case information are protected by law, and we never share them with any government agency.

Our community is diverse and bilingual. Fear about your legal status should never stop you from getting the money you need to recover. Call us in English or Spanish for a private talk.

Why Choose CHG Lawyers

  • We are a local firm with real local knowledge. Our office is at 2525 Ponce de Leon Boulevard. We know which government office is responsible for each street, the traffic light timing at busy intersections, and where the security cameras are on Miracle Mile and Giralda Avenue. Other Miami firms have to learn this as they go — we already know it.
  • We know Giralda and the UM campus. These are the two most dangerous areas for walkers in Coral Gables. We know the street designs, the crosswalk lights, and the engineering arguments to beat the insurance company's excuses.
  • We check every insurance policy. We look at PIP, driver insurance, uninsured motorist coverage, and business insurance for Uber, Lyft, and commercial trucks. We find all possible sources of money on day one.
  • We speak English and Spanish. Everything is completely private, and we help you regardless of your immigration status.
  • No fees unless we win. We work on a contingency basis, which means you do not pay us anything upfront.