Pedestrian Accidents: Know Your Rights

By: Brianna Carmichael, Associate Lawyer

I was hit by a car as a pedestrian or cyclist. What can I do?

If you are involved in a motor vehicle accident where both parties are in vehicles, both parties’ insurance companies become involved in the file. Your own insurance company will step in to provide medical and loss of income benefits. If you are hit as a pedestrian or cyclist, you might think you’re out of luck because your own insurance won’t step in. However, every car insurance policy in New Brunswick provides for pedestrian accidents and will allow you to get coverage.

If you are hit as a pedestrian, the most important thing you can do is get the driver’s information, including their insurance information. This can be as easy as taking a picture of their pink insurance card. You will need this information in case the driver does not report the collision to their insurance company – you will be able to contact the company yourself (or have a lawyer do so on your behalf) and start a claim.

If you are not able to get the driver’s insurance information, get any information you can on the vehicle (including make and model, licence plate, and a description of the driver) and report the accident to the police if they have not come to the scene to speak with you and the driver.

The same insurance company will handle both “sides” of the claim for the accident (both helping you with your benefits and defending the driver for what they did wrong). Even though it is the same insurance company, two separate departments will be involved and the two departments will not talk to each other – there is a wall dividing them, keeping your information private and separate from the driver’s information.

If you are injured as a pedestrian or cyclist, you are not out of luck – you will still have access to insurance benefits.

DISCLAIMER: The publications on this website are intended to provide information of a general nature and not legal advice. The information contained in this publication is current to the date of the publication and may be subject to change following the publication date.