What Are a Pedestrian’s Sources of Recovery if Hurt by a Vehicle?

A pedestrian who is struck by a vehicle in New York has access to several legal avenues to pursue damages for bodily injury, economic loss and, in the case of fatality, wrongful death. The compensation available is governed by a combination of state insurance regulations and tort law. Understanding these options is critical for any pedestrian injured in such an accident.

A pedestrian’s sources of recovery can include any or all of the following:

• Personal injury protection (PIP) — New York is a no-fault insurance state. Personal injury protection (PIP) benefits often serve as a pedestrian’s initial source of recovery, regardless of who was at fault for the accident. All drivers must carry a minimum of $50,000 in PIP coverage, which can pay for the pedestrian’s necessary medical expenses, a portion of lost earnings (up to 80 percent of gross wages, with a monthly cap) and reasonable and necessary expenses such as transportation to medical appointments. If the driver’s PIP coverage is exhausted and the pedestrian has their own PIP policy (perhaps as a named insured or as a household member), it may serve as secondary coverage. PIP does not compensate for pain and suffering or other non-economic loss. Recovery of those damages usually requires the pedestrian to satisfy New York’s “serious injury” threshold and proceed against the at-fault driver’s liability insurance.
• Driver’s liability insurance — New York law requires all registered motor vehicles to carry minimum bodily injury liability coverage. As of 2025, these minimums are $25,000 per person and $50,000 per accident. This coverage compensates victims for medical expenses, lost earnings, pain and suffering and other damages proven to result from the driver’s negligence. If the pedestrian’s damages exceed policy limits, they can seek other sources of compensation.
• Uninsured/underinsured motorist coverage (UM/UIM) — These coverages apply if the at-fault driver is uninsured, or if their insurance coverage is inadequate to fully compensate the pedestrian’s losses. UM coverage is mandatory in New York, with the same minimum limits as liability coverage: $25,000 per person and $50,000 per accident. UIM coverage is not mandatory, but insurers are required to offer it to policyholders. Importantly, pedestrians may use their own UM/UIM policy or that of another member of their household if the policy covers household residents. Thus, even if the driver flees the scene (hit and run) or lacks sufficient insurance, the pedestrian still has a pathway to compensation, up to the policy limits.

When the total damages surpass all available insurance (liability, UM/UIM, and PIP), or when there are uncompensated elements of the claim (e.g., pain and suffering), the injured pedestrian may bring a lawsuit against the at-fault driver. Discovery tools allow the plaintiff to investigate the defendant’s assets, such as real property or other collectible assets, that might be available to satisfy a judgment.

If a pedestrian is killed in an accident, their spouse, children or other family members may pursue a wrongful death action.to recover their own pecuniary losses resulting from the death.

The lawyers at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia LLP in St. James, New York represent people injured in pedestrian accidents across Long Island. Call 631-360-0400 or contact us online.