In this guide
Who pays your medical bills first, state by state
| State | Who pays first | Driver’s minimum injury coverage |
|---|---|---|
| California | The driver’s liability insurance — if the driver was at fault, and only up to the policy limit. Your own auto policy’s medical payments or uninsured motorist coverage may also pay, depending on its terms. (At-fault state (III)) | $30,000 per person (Veh. Code § 16056) |
| Texas | The driver’s liability insurance — if the driver was at fault, and only up to the policy limit. Your own auto policy’s medical payments or uninsured motorist coverage may also pay, depending on its terms. (At-fault state (III)) | $30,000 per person (Transp. Code § 601.072) |
| Florida | PIP, but only if a car physically hit you: your own if you own a car, a household relative’s if you don’t, and otherwise — if you live in Florida — the PIP on the car that hit you. PIP pays 80% of medical bills within a $10,000 limit. (Stat. § 627.736(1), (4)(e)) | Not required (Stat. §§ 627.733, 627.736, 324.022) |
| New York | The no-fault insurer of the car that hit you, whoever was at fault: medical bills and lost pay, up to $50,000 in all. If that car was uninsured, your own or a household relative’s insurer; if there’s none, the state’s MVAIC. (Ins. Law § 5102(a), (j); 11 NYCRR § 65-3.12(a)) | $25,000 per person (Veh. & Traf. Law § 311(4)(a); Ins. Law § 5102(a)) |
| Pennsylvania | Your own or a household relative’s auto policy first; if there isn’t one, the policy on any vehicle involved in the crash. If no policy applies, a resident who doesn’t own a car can turn to the state’s Assigned Claims Plan. (75 Pa.C.S. §§ 1713(a), 1752(a)) | $15,000 per person (75 Pa.C.S. § 1702) |
| Illinois | The driver’s liability insurance — if the driver was at fault, and only up to the policy limit. Your own auto policy’s medical payments or uninsured motorist coverage may also pay, depending on its terms. (At-fault state (III)) | $25,000 per person (Ill. Dept. of Insurance) |
| Ohio | The driver’s liability insurance — if the driver was at fault, and only up to the policy limit. Your own auto policy’s medical payments or uninsured motorist coverage may also pay, depending on its terms. (At-fault state (III)) | $25,000 per person (R.C. 4509.51) |
| Georgia | The driver’s liability insurance — if the driver was at fault, and only up to the policy limit. Your own auto policy’s medical payments or uninsured motorist coverage may also pay, depending on its terms. (At-fault state (III)) | $25,000 per person (O.C.G.A. §§ 40-9-37, 33-7-11) |
| North Carolina | The driver’s liability insurance — if the driver was at fault, and only up to the policy limit. Your own auto policy’s medical payments or uninsured motorist coverage may also pay, depending on its terms. (At-fault state (III)) | $50,000 per person (G.S. 20-279.1(11)) |
| Michigan | Your own, your spouse’s or a household relative’s auto policy (PIP); if there isn’t one, the Michigan Assigned Claims Plan. (MCL 500.3114(1), 500.3115) | $250,000 per person, or as low as $50,000 if chosen (MCL 500.3009) |
In the four no-fault states, those first benefits are paid whoever caused the crash. You can still claim against the driver for what they don’t cover, but a claim for pain and suffering has to meet each state’s conditions — see the thresholds in car accident laws by state. If the driver drove off, see who pays after a hit and run; if they had no insurance, see when the other driver is uninsured.
Crosswalks, right of way and fault
Most pedestrian claims turn on who had the right of way. State rules follow the same pattern; here is how California and New York put it.
- In a crosswalk, the driver must yield. California requires it in any marked crosswalk or unmarked crosswalk at an intersection (Veh. Code § 21950(a)); New York requires it where no traffic signal is working (Veh. & Traf. Law § 1151(a)).
- Outside a crosswalk, you must yield. California requires a pedestrian to yield to vehicles close enough to be an immediate hazard (§ 21954(a)); New York, to all vehicles (§ 1152(a)).
- No stepping out suddenly. Neither state lets a pedestrian suddenly leave the curb into the path of a vehicle too close for the driver to yield (Cal. Veh. Code § 21950(b); N.Y. Veh. & Traf. Law § 1151(b)).
- The driver must still take care. Both states keep the driver’s duty of due care toward pedestrians, in a crosswalk or not (Cal. Veh. Code §§ 21950(c), 21954(b); N.Y. Veh. & Traf. Law § 1146(a)).
A ticket isn’t the test. In California, police can’t stop you for crossing outside a crosswalk unless a reasonably careful person would see an immediate danger of a collision (Veh. Code §§ 21954(c), 21955(b)) — but the same sections say that doesn’t relieve you of the duty to use due care for your own safety. An insurer can still argue that how and where you crossed makes you partly at fault, and what that costs depends on your state’s rule below.
Fault rules and deadlines in 10 states
| State | If you were partly at fault | Deadline to sue for injury |
|---|---|---|
| California | Pure comparative fault (Li v. Yellow Cab Co. (1975)) | 2 years (Code Civ. Proc. § 335.1) |
| Texas | Barred above 50% (Civ. Prac. & Rem. Code § 33.001) | 2 years (Civ. Prac. & Rem. Code § 16.003) |
| Florida | Barred above 50% (Stat. § 768.81(2), (6)) | 2 years (Stat. § 95.11(5)(a)) |
| New York | Barred above 50% (CPLR 1411(a), (b)) | 3 years (CPLR 214(5)) |
| Pennsylvania | Barred above 50% (42 Pa.C.S. § 7102(a)) | 2 years (42 Pa.C.S. § 5524(2)) |
| Illinois | Barred above 50% (735 ILCS 5/2-1116) | 2 years (735 ILCS 5/13-202) |
| Ohio | Barred above 50% (R.C. 2315.33) | 2 years (R.C. 2305.10(A)) |
| Georgia | Barred at 50% (O.C.G.A. § 51-12-33(a), (g)) | 2 years (O.C.G.A. § 9-3-33) |
| North Carolina | Contributory negligence (N.C. common law) | 3 years (G.S. 1-52(16)) |
| Michigan | Reduced; no pain-and-suffering damages above 50% (MCL 600.2959) | 3 years (MCL 600.5805(2)) |
New York’s row reflects its 2026 rule for injury suits under the no-fault law, which treats a pedestrian hit by an insured car as a covered person. If a city bus or other public vehicle hit you, notice deadlines come first: 6 months in California (Gov. Code § 911.2) and 90 days in New York (Gen. Mun. Law § 50-e).
Worked example: the same crash in six states
Say you were hit while crossing mid-block, and your damages total $40,000: $14,000 in medical bills, $4,000 in lost pay and $22,000 for pain and suffering. The driver carries their state’s minimum injury coverage. Here is what their insurer would pay in each at-fault state, depending on the share of fault assigned to you.
| State | Fault rule | Policy limit | You’re 25% at fault | You’re 50% at fault |
|---|---|---|---|---|
| California | Pure comparative fault | $30,000 | $30,000 | $20,000 |
| Texas | Barred above 50% | $30,000 | $30,000 | $20,000 |
| Illinois | Barred above 50% | $25,000 | $25,000policy limit | $20,000 |
| Ohio | Barred above 50% | $25,000 | $25,000policy limit | $20,000 |
| Georgia | Barred at 50% | $25,000 | $25,000policy limit | $0barred |
| North Carolina | Contributory negligence | $50,000 | $0any fault bars it | $0any fault bars it |
At 25% fault, the law lets you recover $30,000 everywhere except North Carolina, where any fault can bar the claim — but in Illinois, Ohio and Georgia, a minimum policy stops at $25,000. At 50%, Georgia bars the claim as well, while California, Texas, Illinois and Ohio still allow half: $20,000. Above the policy limit, the rest has to come from the driver personally or from your own underinsured motorist coverage, if you have an auto policy that includes it. The amounts are illustrative; the fault-share calculator runs your own figures, and the take-home calculator shows what’s left after fees and liens.
What to do after being hit by a car
- Call 911 and get medical care right away, even if you feel fine. Keep every record and bill.
- Get the police report number, and the driver’s name, plate, insurer and policy number.
- Photograph the spot where you were hit, the crosswalk and signals, the lighting, the car and your injuries.
- Get witnesses’ names and phone numbers — in a pedestrian crash, they often decide who had the right of way.
- Notify the insurer that pays first (see the table above) and keep copies. Some no-fault deadlines are counted in days: Florida’s PIP pays medical benefits only if you get initial care within 14 days, and New York requires written notice within 30 days.
- Check your deadline in the claim deadline calculator.
Frequently asked questions
Who pays when a pedestrian is hit by a car?
In most states, the driver’s liability insurance — if the driver was at fault, and up to the policy limit. In no-fault states, medical bills are paid first without regard to fault: in New York by the no-fault insurer of the car that hit you, and in Florida, Pennsylvania and Michigan usually by your own or a household relative’s auto policy, even though you weren’t driving.
Is the driver always at fault for hitting a pedestrian?
No. Drivers must use due care to avoid pedestrians and must yield in crosswalks, but a pedestrian who crosses outside a crosswalk, against a signal or suddenly into traffic can be found partly or even mostly at fault. Fault is decided from the facts of each crash.
Can I sue if I was crossing outside a crosswalk?
Usually, but your share of the fault reduces what you can recover. California never bars the claim because of your fault; Texas, Florida, Pennsylvania, Illinois and Ohio reduce it and bar it above 50%; Michigan reduces it and, above 50%, allows no pain-and-suffering damages; Georgia bars it at 50%; and North Carolina can bar it for any fault at all. In New York, a 2026 rule bars recovery if your fault is greater than the driver’s.
How much is a pedestrian accident settlement worth?
There’s no reliable public average. A settlement is built from your medical bills, lost income and pain and suffering, then reduced by your share of the fault and capped by the driver’s insurance limit — the state minimum is $15,000 to $50,000 per person in most of the 10 largest states, and Florida doesn’t require injury coverage at all.
How long do I have to file a pedestrian accident lawsuit?
In the 10 largest states, 2 or 3 years from the accident. If a city bus or other public vehicle was involved, notice deadlines come much sooner — 6 months in California and 90 days in New York.
Reviewed by
Morgan Hale, Editor. Writes about the financial side of injury claims — fees, liens, timelines and state rules — and checks every page against its sources before it’s published. Not a lawyer; “Morgan Hale” is a pen name. Editorial policy · How we calculate
Sources
- Background on: No-fault auto insurance (12 states and Puerto Rico; verbal thresholds; “choice” states) (Insurance Information Institute)
- Florida Statutes § 627.736(1), (4)(e) (2025) — PIP pays 80% of medical bills within a $10,000 limit; people hit while not in a vehicle are covered only after physical contact (The Florida Senate)
- N.Y. Insurance Law § 5102(a), (j) — Basic economic loss up to $50,000; any pedestrian injured through the use of a motor vehicle is a “covered person” (FindLaw (New York Insurance Law))
- 11 NYCRR § 65-3.12(a) — Priority of payment: a pedestrian claims from the insurer of the vehicle that hit them; for an uninsured vehicle, their own or a household relative’s insurer, then MVAIC (Cornell Legal Information Institute (New York Codes, Rules and Regulations))
- 75 Pa.C.S. § 1713(a) — Source of first-party benefits; non-occupants claim from the policy on any vehicle involved (FindLaw (Pennsylvania Consolidated Statutes))
- 75 Pa.C.S. § 1752(a) — Assigned Claims Plan: Pennsylvania residents injured in the state who don’t own a vehicle and have no other first-party benefits (FindLaw (Pennsylvania Consolidated Statutes))
- Michigan Compiled Laws § 500.3114(1) — PIP covers the named insured, spouse and household relatives (FindLaw (Michigan Insurance Code))
- Michigan Compiled Laws § 500.3115 — Non-occupants without their own coverage claim through the assigned claims plan (FindLaw (Michigan Insurance Code))
- California Vehicle Code § 21950 — Drivers yield to pedestrians in marked crosswalks and unmarked crosswalks at intersections; duty of due care (FindLaw (California Vehicle Code))
- California Vehicle Code § 21954 — Pedestrians outside a crosswalk yield to vehicles; drivers keep the duty of due care; limits on police stops (FindLaw (California Vehicle Code))
- California Vehicle Code § 21955 — Crossing between signal-controlled intersections; stops only for an immediate danger of a collision (FindLaw (California Vehicle Code))
- N.Y. Vehicle and Traffic Law § 1151 — Pedestrians’ right of way in crosswalks (New York State Senate)
- N.Y. Vehicle and Traffic Law § 1152 — Crossing at other than crosswalks: pedestrians yield to vehicles (New York State Senate)
- N.Y. Vehicle and Traffic Law § 1146(a) — Drivers must exercise due care to avoid colliding with pedestrians (New York State Senate)
- California Vehicle Code § 16056 — Minimum liability: $30,000/$60,000/$15,000 for policies issued or renewed from 2025; higher from 2035 (FindLaw (California Vehicle Code))
- Texas Transportation Code § 601.072 — Minimum coverage: $30,000/$60,000/$25,000 (FindLaw (Texas Transportation Code))
- Florida Statutes § 627.733 — Required security (PIP) for every registered motor vehicle (FindLaw (Florida Statutes))
- N.Y. Vehicle and Traffic Law § 311(4)(a) — Minimum liability: $25,000/$50,000 ($50,000/$100,000 for death), $10,000 property (FindLaw (New York Vehicle and Traffic Law))
- 75 Pa.C.S. § 1702 — Financial responsibility: $15,000/$30,000/$5,000 (FindLaw (Pennsylvania Consolidated Statutes))
- Auto Insurance Shopping Guide — Illinois minimums: $25,000/$50,000/$20,000; uninsured motorist $25,000/$50,000 (Illinois Department of Insurance)
- Ohio Revised Code § 4509.51 — Minimum liability: $25,000/$50,000/$25,000 (FindLaw (Ohio Revised Code))
- O.C.G.A. § 40-9-37 — Liability minimums set at the amounts in § 33-7-11(a)(1)(A) ($25,000/$50,000/$25,000) (FindLaw (Official Code of Georgia))
- N.C. Gen. Stat. § 20-279.1(11) — Proof of financial responsibility: $50,000/$100,000/$50,000 (FindLaw (North Carolina General Statutes))
- Michigan Compiled Laws § 500.3009 — Liability: $250,000/$500,000 unless you choose as low as $50,000/$100,000; $10,000 property (FindLaw (Michigan Insurance Code))
- Li v. Yellow Cab Co., 13 Cal.3d 804 (1975) — California adopts “pure” comparative negligence (FindLaw (Supreme Court of California))
- Texas Civil Practice and Remedies Code § 33.001 — No recovery if the claimant is more than 50 percent responsible (FindLaw (Texas Civil Practice and Remedies Code))
- Florida Statutes § 768.81 (2025) — Comparative fault; no recovery if more than 50 percent at fault (The Florida Senate)
- New York CPLR § 1411 — Damages diminished by culpable conduct; 2026 bar for motor vehicle cases under Insurance Law article 51 (New York State Senate)
- 42 Pa.C.S. § 7102 — Comparative negligence (no recovery if the plaintiff’s negligence is greater than the defendants’) (FindLaw (Pennsylvania Judicial Code))
- 735 ILCS 5/2-1116 — Plaintiff barred if more than 50% of the proximate cause (FindLaw (Illinois Code of Civil Procedure))
- Ohio Revised Code § 2315.33 — Contributory fault doesn’t bar recovery unless greater than the others’ combined fault (FindLaw (Ohio Revised Code))
- O.C.G.A. § 51-12-33 — Damages reduced by fault; no recovery at 50 percent or more (FindLaw (Official Code of Georgia))
- Fault Lines: Understanding Negligence Doctrines (North Carolina’s contributory negligence rule and its exceptions) (UNC School of Government, On the Civil Side blog)
- Michigan Compiled Laws § 600.2959 — Comparative fault; no noneconomic damages if more than 50% at fault (FindLaw (Michigan Revised Judicature Act))
- California Code of Civil Procedure § 335.1 — Two years for injury to, or death of, an individual (FindLaw (California Code of Civil Procedure))
- Texas Civil Practice and Remedies Code § 16.003 — Two years for personal injury, property damage and wrongful death (FindLaw (Texas Civil Practice and Remedies Code))
- Florida Statutes § 95.11 (2025) — Limitations other than for the recovery of real property (The Florida Senate)
- New York CPLR § 214 — Three years for personal injury and injury to property (New York State Senate)
- 42 Pa.C.S. § 5524 — Two years for personal injury, wrongful death and injury to personal property (FindLaw (Pennsylvania Judicial Code))
- 735 ILCS 5/13-202 — Two years for personal injury (FindLaw (Illinois Code of Civil Procedure))
- Ohio Revised Code § 2305.10(A) — Two years for bodily injury or injuring personal property (FindLaw (Ohio Revised Code))
- O.C.G.A. § 9-3-33 — Two years for injuries to the person (four for loss of consortium) (FindLaw (Official Code of Georgia))
- N.C. Gen. Stat. § 1-52(4), (16) — Three years for personal injury and property damage (FindLaw (North Carolina General Statutes))
- Michigan Compiled Laws § 600.5805(2) — Three years for death or injury to a person or property (FindLaw (Michigan Revised Judicature Act))
- 11 NYCRR § 65-1.1 — Mandatory no-fault endorsement (30-day notice; 45-day proof of claim for medical expenses) (Cornell Legal Information Institute)
- California Government Code § 911.2 — Six months to present a claim to a public entity for death or injury (FindLaw (California Government Code))
- New York General Municipal Law § 50-e — Notice of claim within 90 days (New York State Senate)
Not legal or financial advice. InjuryMath is not a law firm and does not sell or broker funding. This page gives general information based on the sources listed; your contracts and your state’s law control. For advice about your situation, talk to a licensed attorney in your state.