After being hit by a car while walking

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Where the legal facts on this page come from

1. Tex. Ins. Code §§ 1952.152, 1952.155 (personal injury protection)“§ 1952.152. (a) An insurer may not deliver or issue for delivery in this state an automobile liability insurance policy … unless the insurer provides personal injury protection coverage in the policy or supplemental to the policy. (b) The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing. … § 1952.155. (a) The benefits under coverage required by this subchapter are payable without regard to: (1) the fault or nonfault of the named insured or recipient in causing or contributing to the collision …”Texas Legislature, Texas Constitution and Statutes · read 7 Nov 2026Read the source: Tex. Ins. Code §§ 1952.152, 1952.155 (personal injury protection)
2. Tex. Ins. Code § 1952.151 (personal injury protection)“"Personal injury protection" consists of provisions of an automobile liability insurance policy that provide for payment to the named insured in the policy, members of the insured's household, and any authorized operator or passenger of the named insured's motor vehicle, including a guest occupant, of all reasonable expenses that: (1) arise from an accident; (2) are incurred not later than the third anniversary of the date of the accident; and (3) are for: (A) necessary medical, surgical, x-ray, or dental services … (B) in the case of an income producer, replacement of income lost as the result of the accident; …”Texas Legislature, Texas Constitution and Statutes · read 8 Nov 2026Read the source: Tex. Ins. Code § 1952.151 (personal injury protection)
3. Fla. Stat. § 627.736“(1) REQUIRED BENEFITS.—An insurance policy complying with the security requirements of s. 627.733 must provide personal injury protection to the named insured, relatives residing in the same household unless excluded under s. 627.747, persons operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck by the motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle, subject to subsection (2) and paragraph (4)(e), to a limit of $10,000 in medical and disability benefits and $5,000 in death benefits resulting from bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle as follows: (a) Medical benefits.—Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individual receives initial services and care pursuant to subparagraph 1. within 14 days after the motor vehicle accident. The medical benefits provide reimbursement only for: 1. Initial services and care that are lawfully provided, supervised, ordered, or prescribed by a physician licensed under chapter 458 or chapter 459, a dentist licensed under chapter 466, a chiropractic physician licensed under chapter 460, or an advanced practice registered nurse registered under s. 464.0123 or that are provided in a hospital or in a facility that owns, or is wholly owned by, a hospital. Initial services and care may also be provided by a person or entity licensed under part III of chapter 401 which provides emergency transportation and treatment. … 3. Reimbursement for services and care provided in subparagraph 1. or subparagraph 2. up to $10,000 if a physician licensed under chapter 458 or chapter 459, a dentist licensed under chapter 466, a physician assistant licensed under chapter 458 or chapter 459, or an advanced practice registered nurse licensed under chapter 464 has determined that the injured person had an emergency medical condition. 4. Reimbursement for services and care provided in subparagraph 1. or subparagraph 2. is limited to $2,500 if a provider listed in subparagraph 1. or subparagraph 2. determines that the injured person did not have an emergency medical condition. … (b) Disability benefits.—Sixty percent of any loss of gross income and loss of earning capacity per individual from inability to work proximately caused by the injury sustained by the injured person, plus all expenses reasonably incurred in obtaining from others ordinary and necessary services in lieu of those that, but for the injury, the injured person would have performed without income for the benefit of his or her household. … (c) Death benefits.—Death benefits of $5,000 per individual. Death benefits are in addition to the medical and disability benefits provided under the insurance policy. …”Florida Legislature (2026 Florida Statutes, read on flsenate.gov) · read 8 Nov 2026Read the source: Fla. Stat. § 627.736
4. Tex. Ins. Code § 1952.101 (uninsured or underinsured motorist coverage)“(a) In this section, “uninsured or underinsured motorist coverage” means the provisions of an automobile liability insurance policy that … protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles damages for bodily injury … (c) The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing.”Texas Legislature, Texas Constitution and Statutes · read 7 Nov 2026Read the source: Tex. Ins. Code § 1952.101 (uninsured or underinsured motorist coverage)
5. Tex. Ins. Code § 1952.104 (required provisions of uninsured or underinsured motorist coverage)“The portion of a policy form … to provide coverage under this subchapter must: … (3) require that, for the insured to recover under the uninsured motorist coverage if the owner or operator of any motor vehicle that causes bodily injury or property damage to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by the unknown person and the person or property of the insured.”Texas Legislature, Texas Constitution and Statutes · read 8 Nov 2026Read the source: Tex. Ins. Code § 1952.104 (required provisions of uninsured or underinsured motorist coverage)
6. 42 C.F.R. § 411.24 (recovery of conditional payments)“(g) Recovery from parties that receive primary payments. CMS has a right of action to recover its payments from any entity, including a beneficiary, provider, supplier, physician, attorney, State agency or private insurer that has received a primary payment. (h) Reimbursement to Medicare. If the beneficiary or other party receives a primary payment, the beneficiary or other party must reimburse Medicare within 60 days.”Electronic Code of Federal Regulations (eCFR), current as of 1 Oct 2026 · read 7 Nov 2026Read the source: 42 C.F.R. § 411.24 (recovery of conditional payments)
7. Mich. Comp. Laws § 500.3145“§ 500.3145 (1) An action for recovery of personal protection insurance benefits payable under this chapter for an accidental bodily injury may not be commenced later than 1 year after the date of the accident that caused the injury unless written notice of injury as provided in subsection (4) has been given to the insurer within 1 year after the accident or unless the insurer has previously made a payment of personal protection insurance benefits for the injury. (2) Subject to subsection (3), if the notice has been given or a payment has been made, the action may be commenced at any time within 1 year after the most recent allowable expense, work loss, or survivor's loss has been incurred. However, the claimant may not recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced. (3) A period of limitations applicable under subsection (2) to the commencement of an action and the recovery of benefits is tolled from the date of a specific claim for payment of the benefits until the date the insurer formally denies the claim. This subsection does not apply if the person claiming the benefits fails to pursue the claim with reasonable diligence.”Michigan Legislature (legislature.mi.gov, Michigan Compiled Laws) · read 7 Nov 2026Read the source: Mich. Comp. Laws § 500.3145
8. Mich. Comp. Laws § 500.3135“§ 500.3135 (1) A person remains subject to tort liability for noneconomic loss caused by his or her ownership, maintenance, or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement. (2) For a cause of action for damages under subsection (1) or (3)(d), all of the following apply: … (b) Damages must be assessed on the basis of comparative fault, except that damages must not be assessed in favor of a party who is more than 50% at fault. … (3) Notwithstanding any other provision of law, tort liability arising from the ownership, maintenance, or use within this state of a motor vehicle with respect to which the security required by section 3101(1) was in effect is abolished except as to: … (d) Damages for economic loss by a nonresident.”Michigan Legislature (legislature.mi.gov, Michigan Compiled Laws) · read 7 Nov 2026Read the source: Mich. Comp. Laws § 500.3135
9. Mich. Comp. Laws § 500.3114“§ 500.3114 (1) Except as provided in subsections (2), (3), and (5), a personal protection insurance policy described in section 3101(1) applies to accidental bodily injury to the person named in the policy, the person's spouse, and a relative of either domiciled in the same household, if the injury arises from a motor vehicle accident. … (3) An employee, his or her spouse, or a relative of either domiciled in the same household, who suffers accidental bodily injury while an occupant of a motor vehicle owned or registered by the employer, shall receive personal protection insurance benefits to which the employee is entitled from the insurer of the furnished vehicle. (4) Except as provided in subsections (2) and (3), a person who suffers accidental bodily injury arising from a motor vehicle accident while an occupant of a motor vehicle who is not covered under a personal protection insurance policy as provided in subsection (1) shall claim personal protection insurance benefits under the assigned claims plan under sections 3171 to 3175. … (5) Subject to subsections (6) and (7), a person who suffers accidental bodily injury arising from a motor vehicle accident that shows evidence of the involvement of a motor vehicle while an operator or passenger of a motorcycle shall claim personal protection insurance benefits from insurers in the following order of priority: (a) The insurer of the owner or registrant of the motor vehicle involved in the accident. (b) The insurer of the operator of the motor vehicle involved in the accident. (c) The motor vehicle insurer of the operator of the motorcycle involved in the accident. (d) The motor vehicle insurer of the owner or registrant of the motorcycle involved in the accident.”Michigan Legislature (legislature.mi.gov, Michigan Compiled Laws) · read 8 Nov 2026Read the source: Mich. Comp. Laws § 500.3114
10. Mich. Comp. Laws § 500.3115“§ 500.3115 Except as provided in section 3114(1), a person who suffers accidental bodily injury while not an occupant of a motor vehicle shall claim personal protection insurance benefits under the assigned claims plan under sections 3171 to 3175.”Michigan Legislature (legislature.mi.gov, Michigan Compiled Laws) · read 8 Nov 2026Read the source: Mich. Comp. Laws § 500.3115
11. N.Y. C.P.L.R. 1411“(a) Except as provided in subsection (b) of this section, in any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery. The amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages. (b) In any action to recover damages for personal injury subject to article fifty-one of the insurance law, the culpable conduct attributable to the claimant shall bar recovery if the culpable conduct attributable to the claimant is greater than the culpable conduct of the person against whom recovery is sought or is greater than the combined culpable conduct of the persons against whom recovery is sought.”New York State Senate, Laws of New York (official text on nysenate.gov; most recent revision from 2026-05-29) · read 7 Nov 2026Read the source: N.Y. C.P.L.R. 1411
12. N.Y. Ins. Law § 5102“Ins. Law 5102(a): (a) "Basic economic loss" means, up to fifty thousand dollars per person of the following combined items, subject to the limitations of section five thousand one hundred eight of this article: (1) All necessary expenses incurred for: (i) medical, hospital …, surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; (ii) psychiatric, physical therapy (provided that treatment is rendered pursuant to a referral) and occupational therapy and rehabilitation (provided that treatment is rendered pursuant to a referral); … and (iv) any other professional health services; all without limitation as to time, provided that within one year after the date of the accident causing the injury it is ascertainable that further expenses may be incurred as a result of the injury. … (2) Loss of earnings from work which the person would have performed had he not been injured, and reasonable and necessary expenses incurred by such person in obtaining services in lieu of those that he would have performed for income, up to two thousand dollars per month for not more than three years from the date of the accident causing the injury. … (3) All other reasonable and necessary expenses incurred, up to twenty-five dollars per day for not more than one year from the date of the accident causing the injury. Ins. Law 5102(b): (b) "First party benefits" means payments to reimburse a person for basic economic loss on account of personal injury arising out of the use or operation of a motor vehicle, less: (1) Twenty percent of lost earnings computed pursuant to paragraph two of subsection (a) of this section. (2) Amounts recovered or recoverable on account of such injury under state or federal laws providing social security disability benefits, or workers' compensation benefits, or disability benefits under article nine of the workers' compensation law, or medicare benefits, … (3) Amounts deductible under the applicable insurance policy. Ins. Law 5102(d): (d) "Serious injury" means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; or significant limitation of use of a body function or system. Ins. Law 5102(j): (j) "Covered person" means any pedestrian injured through the use or operation of, or any owner, operator or occupant of, a motor vehicle which has in effect the financial security required by article six or eight of the vehicle and traffic law or which is referred to in subdivision two of section three hundred twenty-one of such law; or any other person entitled to first party benefits.”New York State Senate, Laws of New York (official text on nysenate.gov; most recent revision from 2026-05-29) · read 8 Nov 2026Read the source: N.Y. Ins. Law § 5102
13. N.Y. Ins. Law § 5103“Ins. Law 5103(a)(1): (a) Every owner's policy of liability insurance issued on a motor vehicle in satisfaction of the requirements of article six or eight of the vehicle and traffic law shall also provide for; … the payment of first party benefits to: (1) Persons, other than occupants of another motor vehicle or a motorcycle, for loss arising out of the use or operation in this state of such motor vehicle. … Ins. Law 5103(b)(3)(v): (b) An insurer may exclude from coverage required by subsection (a) hereof a person who: … (3) Is injured while he is: … (v) a pedestrian, through being struck by any motor vehicle owned by such injured pedestrian with respect to which the coverage required by subsection (a) hereof is not in effect, …”New York State Senate, Laws of New York (official text on nysenate.gov; most recent revision from 2022-06-24) · read 8 Nov 2026Read the source: N.Y. Ins. Law § 5103
14. N.Y. Ins. Law § 5104“Ins. Law 5104(a): (a) Notwithstanding any other law, in any action by or on behalf of a covered person against another covered person for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, there shall be no right of recovery for non-economic loss, except in the case of a serious injury, or for basic economic loss. … No liability for non-economic loss shall be fixed unless and until the trier of fact has determined the existence of a serious injury. In any action to recover non-economic loss pursuant to this article, the trier of fact shall not determine the question of whether an injury is a serious injury until the trier of fact has determined the party or parties at fault.”New York State Senate, Laws of New York (official text on nysenate.gov; most recent revision from 2026-05-29) · read 8 Nov 2026Read the source: N.Y. Ins. Law § 5104
15. N.Y. Ins. Law § 5106“Ins. Law 5106(a): (a) Payments of first party benefits and additional first party benefits shall be made as the loss is incurred. Such benefits are overdue if not paid within thirty days after the claimant supplies proof of the fact and amount of loss sustained. If proof is not supplied as to the entire claim, the amount which is supported by proof is overdue if not paid within thirty days after such proof is supplied. All overdue payments shall bear interest at the rate of two percent per month. … Ins. Law 5106(b): (b) Every insurer shall provide a claimant with the option of submitting any dispute involving the insurer's liability to pay first party benefits, or additional first party benefits, the amount thereof or any other matter which may arise pursuant to subsection (a) of this section to arbitration pursuant to simplified procedures to be promulgated or approved by the superintendent. … Ins. Law 5106(d)(1): (d) (1) … where there is reasonable belief more than one insurer would be the source of first party benefits, the insurers may agree among themselves, if there is a valid basis therefor, that one of them will accept and pay the claim initially. If there is no such agreement, then the first insurer to whom notice of claim is given shall be responsible for payment. …”New York State Senate, Laws of New York (official text on nysenate.gov; most recent revision from 2023-12-29) · read 8 Nov 2026Read the source: N.Y. Ins. Law § 5106
16. Tex. Civ. Prac. & Rem. Code ch. 33“§ 33.001: In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. § 33.012(a): If the claimant is not barred from recovery under Section 33.001, the court shall reduce the amount of damages to be recovered by the claimant with respect to a cause of action by a percentage equal to the claimant's percentage of responsibility. § 33.012(b): If the claimant has settled with one or more persons, the court shall further reduce the amount of damages to be recovered by the claimant with respect to a cause of action by the sum of the dollar amounts of all settlements. § 33.012(c): Notwithstanding Subsection (b), if the claimant in a health care liability claim filed under Chapter 74 has settled with one or more persons, the court shall further reduce the amount of damages to be recovered by the claimant with respect to a cause of action by an amount equal to one of the following, as elected by the defendant: (1) the sum of the dollar amounts of all settlements; or (2) a percentage equal to each settling person's percentage of responsibility as found by the trier of fact.”Texas Legislature (statutes current through the 89th Leg., 2nd C.S., 2025) · read 7 Nov 2026Read the source: Tex. Civ. Prac. & Rem. Code ch. 33
17. Tex. Transp. Code § 552.003 (pedestrian right-of-way at crosswalk)“(a) The operator of a vehicle shall stop and yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if: (1) no traffic control signal is in place or in operation; and (2) the pedestrian is: (A) on the half of the roadway in which the vehicle is traveling; or (B) approaching so closely from the opposite half of the roadway as to be in danger. (b) Notwithstanding Subsection (a), a pedestrian may not suddenly leave a curb or other place of safety and proceed into a crosswalk in the path of a vehicle so close that it is impossible for the vehicle operator to stop and yield.”Texas Legislature, Texas Constitution and Statutes · read 8 Nov 2026Read the source: Tex. Transp. Code § 552.003 (pedestrian right-of-way at crosswalk)
18. N.Y. Vehicle & Traffic Law § 1151 (pedestrians' right of way in crosswalks)“(a) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk on the roadway upon which the vehicle is traveling, except that any pedestrian crossing a roadway at a point where a pedestrian tunnel or overpass has been provided shall yield the right of way to all vehicles. (b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.”New York State Senate, Laws of New York (read on nysenate.gov) · read 8 Nov 2026Read the source: N.Y. Vehicle & Traffic Law § 1151 (pedestrians' right of way in crosswalks)
19. Fla. Stat. § 316.130 (pedestrians; traffic regulations)“(7)(a) The driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.”Florida Legislature (2026 Florida Statutes, read on flsenate.gov) · read 8 Nov 2026Read the source: Fla. Stat. § 316.130 (pedestrians; traffic regulations)
20. Tex. Civ. Prac. & Rem. Code § 101.101“(a) A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred. The notice must reasonably describe: (1) the damage or injury claimed; (2) the time and place of the incident; and (3) the incident. (b) A city's charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved. (c) The notice requirements provided or ratified and approved by Subsections (a) and (b) do not apply if the governmental unit has actual notice that death has occurred, that the claimant has received some injury, or that the claimant's property has been damaged.”Texas Legislature (statutes current through the 89th Leg., 2nd C.S., 2025) · read 7 Nov 2026Read the source: Tex. Civ. Prac. & Rem. Code § 101.101
21. N.Y. Gen. Mun. Law § 50-e“GML 50-e(1)(a): 1. … (a) In any case founded upon tort where a notice of claim is required by law as a condition precedent to the commencement of an action or special proceeding against a public corporation, as defined in the general construction law, or any officer, appointee or employee thereof, the notice of claim shall comply with and be served in accordance with the provisions of this section within ninety days after the claim arises; except that in wrongful death actions, the ninety days shall run from the appointment of a representative of the decedent's estate. GML 50-e(2): 2. Form of notice; contents. The notice shall be in writing, sworn to by or on behalf of the claimant, and shall set forth: (1) the name and post-office address of each claimant, and of his attorney, if any; (2) the nature of the claim; (3) the time when, the place where and the manner in which the claim arose; and (4) the items of damage or injuries claimed to have been sustained so far as then practicable … GML 50-e(5): 5. Application for leave to serve a late notice. Upon application, the court, in its discretion, may extend the time to serve a notice of claim specified in paragraph (a) of subdivision one of this section … The extension shall not exceed the time limited for the commencement of an action by the claimant against the public corporation. In determining whether to grant the extension, the court shall consider, in particular, whether the public corporation or its attorney or its insurance carrier acquired actual knowledge of the essential facts constituting the claim within the time specified in subdivision one of this section or within a reasonable time thereafter. The court shall also consider all other relevant facts and circumstances, including: whether the claimant was an infant, or mentally or physically incapacitated, or died before the time limited for service of the notice of claim; …”New York State Senate, Laws of New York (official text on nysenate.gov; most recent revision from 2026-02-20) · read 7 Nov 2026Read the source: N.Y. Gen. Mun. Law § 50-e
22. Mich. Comp. Laws § 691.1404“§ 691.1404 (1) As a condition to any recovery for injuries sustained by reason of any defective highway, the injured person, within 120 days from the time the injury occurred, except as otherwise provided in subsection (3) shall serve a notice on the governmental agency of the occurrence of the injury and the defect. The notice shall specify the exact location and nature of the defect, the injury sustained and the names of the witnesses known at the time by the claimant. … (3) If the injured person is under the age of 18 years at the time the injury occurred, he shall serve the notice required by subsection (1) not more than 180 days from the time the injury occurred, which notice may be filed by a parent, attorney, next friend or legally appointed guardian. If the injured person is physically or mentally incapable of giving notice, he shall serve the notice required by subsection (1) not more than 180 days after the termination of the disability.”Michigan Legislature (legislature.mi.gov, Michigan Compiled Laws) · read 7 Nov 2026Read the source: Mich. Comp. Laws § 691.1404
23. Tex. Civ. Prac. & Rem. Code § 16.003“(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues. (b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”Texas Legislature (statutes current through the 89th Leg., 2nd C.S., 2025) · read 7 Nov 2026Read the source: Tex. Civ. Prac. & Rem. Code § 16.003
24. N.Y. C.P.L.R. 214“CPLR 214: The following actions must be commenced within three years: … CPLR 214(5): 5. an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215;”New York State Senate, Laws of New York (official text on nysenate.gov; most recent revision from 2022-02-25) · read 7 Nov 2026Read the source: N.Y. C.P.L.R. 214
25. Mich. Comp. Laws § 600.5805“§ 600.5805 (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section. (2) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person or for injury to a person or property. (3) Subject to subsections (4) to (6), the period of limitations is 2 years for an action charging assault, battery, or false imprisonment. (4) Subject to subsection (6), the period of limitations is 5 years for an action charging assault or battery brought by a person who has been assaulted or battered by his or her spouse or former spouse, an individual with whom he or she has had a child in common, or a person with whom he or she resides or formerly resided. (5) Subject to subsection (6), the period of limitations is 5 years for an action charging assault and battery brought by a person who has been assaulted or battered by an individual with whom he or she has or has had a dating relationship. … (8) Except as otherwise provided in this chapter, the period of limitations is 2 years for an action charging malpractice. … (14) The periods of limitation under this section are subject to any applicable period of repose established in section 5838a, 5838b, or 5839.”Michigan Legislature (legislature.mi.gov, Michigan Compiled Laws) · read 7 Nov 2026Read the source: Mich. Comp. Laws § 600.5805

This is general information, not legal advice.