Getting hit while walking can feel like someone hit pause on real life. We may be shaken, hurt, or both, yet the next few steps still matter because insurance claims run on paperwork and timing. What we do in the first hours can shape what the insurer pays later.
In this guide, we’ll keep it plain and practical. First, we’ll cover what to do right away, including medical care, reporting, and protecting the paper trail. Next, we’ll explain how to file a pedestrian accident claim with the right insurance companies and what to say (and not say). Finally, we’ll show how to build a claim file that’s hard to deny, then negotiate or escalate if the offer isn’t fair.
Right after the crash, we protect our health, our story, and the paper trail
In Los Angeles, the scene can change fast. Cars move, witnesses scatter, and security video can get recorded over. Meanwhile, adrenaline can hide pain. So our job in the first hour through the first few days is simple: get safe, get care, and lock down proof.
We also want to protect our “story,” meaning the facts as they happened. Insurance adjusters often call quickly, sometimes within a day. They may sound friendly, but their job is to reduce payouts. If we give a detailed statement too early, it can be twisted later.
If we’re unsure how to handle early insurance contact, we can follow the guidance in this resource on dealing with insurance companies right after an injury.
Call 911, get checked out, and do not downplay symptoms
We call 911 if anyone is hurt, if traffic is unsafe, or if we can’t stand steadily. Even if we think we’re “fine,” we still get checked out. Pedestrian crashes often cause injuries that show up later, like concussion symptoms, soft tissue damage, internal injuries, or pain that builds over days.
Fast medical care helps in two ways. It protects our health, and it creates medical records that link the injury to the collision. Insurers watch for delays in treatment, then argue we weren’t really hurt, or something else caused it.
A few habits help us stay organized:
- We keep every discharge paper and visit summary.
- We take photos of visible injuries, then update them every few days.
- We track appointments and symptoms in short notes (sleep loss counts).
- We follow up when the ER says, “See your doctor.”
If we wait weeks to get treatment, the insurance company often treats that gap like an excuse to pay less.
Get the police report, scene photos, and witness info before it disappears
If we can do it safely, we collect key details at the scene (or ask a friend to help). In LA, this matters because people leave quickly, especially at busy intersections and along corridors like Ventura Boulevard.
Here’s what we try to gather:
- Driver name, phone, address, and insurance details
- License plate, vehicle make and model, and any company markings
- Exact location, time, and direction of travel
- Crosswalk lines, traffic signals, “walk” sign, stop signs, and skid marks
- Photos of the full scene and close-up details (debris, impact points)
- Witness names and numbers, plus a short note on what they saw
- Nearby cameras (stores, parking lots, apartments, buses)
A police report often anchors the insurance investigation. It creates an official record of what happened, who was involved, and sometimes whether a citation was issued.
We also don’t forget the DMV rule many people miss. In plain terms, California requires an SR-1 report to the DMV within 10 days when a crash involves injury or death, or property damage over $1,000.
For more context on LA pedestrian rights and early steps, we can read our complete rights guide for Los Angeles pedestrian accidents.
How we file a pedestrian injury claim with the right insurance companies
California is a fault state for most traffic collisions. That means the at-fault driver’s insurance usually pays. Still, more than one policy can apply, and the order can change the outcome.
We typically deal with four buckets of insurance:
- The driver’s liability insurance
- Our own auto coverage (often uninsured or underinsured motorist coverage, even when we’re on foot)
- Health insurance (to keep treatment moving)
- Other policies in some cases (umbrella policies, commercial coverage, or homeowners coverage)
A claim usually starts with a notice to the insurer, then a claim number, then a document push. Police reports, medical records, and photos do most of the talking.
Figure out which policy should pay first, and why more than one may apply
The policy “map” depends on the crash. These are common situations we see in Los Angeles:
- Driver insured and identified: Their liability coverage is the main target.
- Driver uninsured: Our uninsured motorist (UM) coverage may step in.
- Hit-and-run: UM may also apply, especially if we report quickly.
- Rideshare driver involved: Coverage can depend on the driver’s app status.
- Commercial vehicle: There may be larger policies and more paperwork.
This quick table helps us sort the basics:
| Situation | Likely paying coverage | What we do first |
|---|---|---|
| Driver stayed, has insurance | At-fault driver’s liability | File claim, send report number and proof |
| Uninsured driver | Our UM (if available) | Notify our insurer, get claim number |
| Hit-and-run | Our UM (if available) | Call police, file report, notify insurer |
| Rideshare or delivery | Commercial or platform-linked coverage | Identify company, preserve app and trip data |
| City or public entity involved | Government claim process | Get legal advice immediately |
Government involvement is the big trap. If a city vehicle hit us, or bad road design played a role, deadlines can be much shorter. In some cases, we may have as little as six months to start the government claim process. We don’t wait to get advice.
Make the first insurance call the safe way, then follow up in writing
We keep the first call short. The goal is to open the claim, not to tell our whole story.
A safe script sounds like this:
- “Hi, we’re reporting a pedestrian accident on (date).”
- “What’s the claim number and adjuster contact?”
- “Where should we send documents?”
- “We’re still treating, we’ll provide records as they come in.”
What we avoid on that call:
- We don’t agree to a recorded statement.
- We don’t guess speed, distance, or timing.
- We don’t say, “We’re fine,” or minimize pain.
- We don’t sign broad medical authorizations without advice.
Adjusters are trained to limit payouts, even when they sound supportive. For a deeper look at how insurance companies build a file against us, we can review how insurers approach LA injury claims and why legal help matters.
Early documents we can often send within days:
- Police report number (or incident number)
- Scene photos and injury photos
- Witness list with contact details
- First medical visit records
- Wage loss proof if we already have it (missed shifts, employer note)
Building a claim that is hard to deny and hard to undervalue
A strong pedestrian accident claim feels like a well-labeled file cabinet. Everything has a date, a source, and a reason it matters. When our documents match our story, it gets harder for the insurer to claim confusion.
Three things usually drive value:
- Clear fault evidence
- Consistent medical treatment
- Organized proof of losses
Deadlines matter too. In California, the general rule is two years to file a personal injury lawsuit, and three years for property damage lawsuits. Still, insurance notice deadlines can be much sooner, and missing one can create headaches.
For a plain explanation of the two-year rule and key exceptions, we can read California’s personal injury statute of limitations guide.
Our documentation checklist for injuries, bills, lost work, and daily pain
We don’t need fancy tools. We need consistency. Here’s what we gather as the case develops:
- Medical records, imaging reports, and treatment plans
- Bills and EOBs (explanations of benefits) from health insurance
- Prescriptions, braces, crutches, and assistive devices
- Physical therapy and specialist notes
- Mileage and parking costs for appointments
- Out-of-pocket receipts (co-pays, over-the-counter meds, rides)
- Employer letter confirming missed time and job duties
- Pay stubs, and for self-employed workers, tax returns or invoices
- A short pain and symptom journal (headaches, stress, sleep loss)
Insurance also considers non-economic harm, which we explain in plain terms as pain, stress, anxiety, and limits on daily life. If we can’t walk normally, lift a child, or work a full shift, that change deserves to be documented.
Proof of fault: why small details, like signal timing and video, can change everything
California uses comparative negligence. In everyday terms, if the insurer claims we share blame, they try to cut what they pay by that percentage. So we stay careful at the scene. We don’t apologize in a way that sounds like an admission. We don’t argue, either. We let the evidence speak.
In Los Angeles, small details often decide fault:
- Video from stores, apartments, or parking garages (often overwritten fast)
- Dashcam clips from nearby drivers
- 911 call recordings
- Vehicle Event Data Recorder (EDR) data when available (speed, braking, seat belt use)
- Phone records if distracted driving is suspected
- Lighting, sight lines, and intersection layout
Crowded intersections create problems like blocked views, quick turns, and cars creeping into crosswalks. If we capture those conditions early, we reduce the chances of unfair blame later.
Negotiation, timelines, and when we should bring in a pedestrian accident lawyer
Most pedestrian claims move through the same phases: investigation, treatment, demand letter, negotiation, then settlement or lawsuit. Some cases resolve in weeks. Serious injuries often take months, or longer, because we need to understand the full medical picture before we talk final numbers.
Insurers use familiar tactics during negotiation. They may delay callbacks, question treatment, or push a quick settlement. That pressure can feel like a countdown clock, especially when bills hit.
When we hire help, we want a team that reduces stress, keeps us updated, and handles insurer contact. At our firm, we focus on a concierge-style approach, direct lawyer communication, and help with certain out-of-pocket costs while the case is active, so clients can focus on recovery.
What a fair settlement needs to cover, and why quick offers are often short
A fair settlement covers more than the ER visit. It should reflect the full cost of the injury, including future care and time away from work.
Here’s an anonymized example of why early offers can miss the mark:
A pedestrian gets hit in a crosswalk near a busy LA shopping area. They go to urgent care, then later learn they have a torn knee ligament and concussion symptoms. They miss three weeks of work, then return on restricted duty. The first offer arrives in ten days and mainly tracks the first medical bill. It doesn’t account for physical therapy, follow-up imaging, ongoing headaches, or the real wage loss.
Online settlement calculators also mislead people. They can’t measure policy limits, fault disputes, or how a specific injury affects a specific job. Two people with the same diagnosis can have very different outcomes.
Red flags that mean we should get legal help now
Some claims are safe to handle alone, usually when injuries are minor, treatment is short, and fault is clear. Still, many pedestrian crashes aren’t that simple.
We get legal help quickly when we see any of these red flags:
- The insurer denies the claim or disputes fault
- We’re pressured for a recorded statement
- They ask for a broad medical release
- They claim our delayed treatment means we weren’t hurt
- The offer doesn’t cover basic bills and lost wages
- The injuries are serious (fractures, head injury, surgery, long rehab)
- It’s a hit-and-run or uninsured driver case
- A rideshare, commercial vehicle, or government entity is involved
- They blame us for part of the crash
We also keep the hard deadlines in mind: two years for most personal injury lawsuits, and potentially six months for government claims. A free consultation can protect the calendar and help us decide the next step, without any promises or pressure.
FAQs (quick answers we give clients all the time)
Can we file a claim if we were partly at fault? Yes. Comparative negligence can reduce recovery, but it usually doesn’t erase it.
Do we have to talk to the at-fault driver’s insurance? We can, but we should keep it brief, avoid recorded statements, and follow up in writing.
What if the driver’s insurer offers money right away? Fast offers often ignore future treatment and wage loss. Once we sign a release, we usually can’t ask for more.
How long does a pedestrian insurance claim take in LA? Some wrap up in a few months. Serious injuries, disputed fault, or multiple policies can take longer.
Conclusion
After a pedestrian accident, the best path is usually the simplest one: get medical care, report the crash, document everything, and file claims with the right insurance companies. Then we stay organized, treat consistently, and negotiate carefully so the insurer can’t minimize what happened.
We also don’t have to handle adjusters alone, especially when they push for recorded statements or quick settlements. If we want help, a consultation can protect deadlines, preserve video and witness evidence, and build a demand package that tells the full story. The sooner we get advice, the more control we keep over the claim and the outcome.