Getting hit by a car as a pedestrian can lead to serious injuries and overwhelming medical expenses. If you’re involved in a pedestrian accident in Chicago, you might wonder who is responsible for paying your medical bills.
Illinois follows an at-fault insurance system, meaning the driver who caused the accident is generally responsible for covering damages. However, multiple options may be available to help you pay for medical treatment, depending on the circumstances of your accident. Contact a personal injury lawyer for help.
Does the At-Fault Driver’s Insurance Pay for My Medical Bills in Chicago?
In Illinois, the at-fault driver’s insurance is typically responsible for covering the damages caused by an accident. If a driver hits you, their bodily injury liability (BIL) coverage should pay for your medical expenses, lost wages, and other losses.
However, this process isn’t always quick. You may need to file a claim and negotiate with the driver’s insurance company before receiving compensation. In some cases, the insurer may dispute liability or try to reduce your payout.
If the driver was uninsured or underinsured, you may need to explore other ways to cover your medical expenses.
Will My Own Insurance Cover My Medical Costs?
Even though you were a pedestrian, your own auto insurance policy may help cover medical expenses after an accident. Depending on your coverage, you might be able to use:
- Medical Payments (MedPay) Coverage: MedPay is optional in Illinois and covers medical bills for you and your passengers after an accident, regardless of fault.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the driver who hit you doesn’t have insurance or doesn’t have enough coverage, your UM/UIM policy may step in to cover your medical costs.
If you have health insurance, it can also help pay for treatment while you wait for a settlement from the at-fault driver’s insurance.
Can I Sue the Driver for My Medical Bills in Chicago?
If the driver was at fault and their insurance company refuses to offer fair compensation, you may have the right to file a personal injury lawsuit. By taking legal action, you could seek compensation for:
- Medical expenses (past and future)
- Lost income if your injuries prevent you from working
- Pain and suffering from the physical and emotional impact of the accident
Under Illinois’ modified comparative negligence rule, you can recover damages as long as you were less than 51% at fault for the accident. If you were partially responsible—such as crossing outside of a crosswalk—your compensation may be reduced based on your share of fault.
What If the Driver Fled the Scene?
Hit-and-run accidents can complicate matters, but you still have options. If the driver fled the scene, you may be able to file an uninsured motorist claim through your own insurance.
Additionally, you should report the accident to the police immediately. Law enforcement may be able to track down the driver using traffic cameras, witness statements, or other evidence.
You Have Rights as an Injured Pedestrian
If you were hit by a car while walking in Chicago, you shouldn’t have to deal with medical bills alone. Know that you are likely entitled to compensation by filing a claim against the responsible party and/or your own insurance company. An experienced attorney can guide you through the process from start to finish and work to secure maximum compensation on your behalf.
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