(619) 230-0330
Key Takeaways
- The at-fault driver’s liability insurance is usually the first source of payment when a car hits a pedestrian.
- California’s minimum coverage is $30,000 per person for policies issued or renewed on or after January 1, 2025 (Veh. Code § 16056). That rarely covers a serious injury.
- Your own auto policy’s uninsured motorist coverage can protect you even though you were on foot (Ins. Code § 11580.2(b)).
- After a hit-and-run, report the crash to police within 24 hours, or that coverage may not be available.
- Jaywalking does not automatically end your claim. California reduces your recovery by your share of fault instead.
- A claim against a city, county or state agency must be presented within six months (Gov. Code § 911.2).
- Most injury lawsuits against the driver must be filed within two years (Code Civ. Proc. § 335.1).
If you were hit by a car as a pedestrian in California, the driver’s auto liability insurance is usually the first place payment comes from, and your own auto policy may pay as well, even though you were walking. Which sources apply depends on who was at fault, whether the driver was insured, and whether the driver stayed at the scene.
That answer matters because pedestrians are rarely hurt lightly. The National Highway Traffic Safety Administration reports that 7,080 pedestrians were killed and more than 71,000 were injured nationwide in 2024. Below is how the money actually moves in a California pedestrian case, the deadlines that protect it, and where people lose coverage they already paid for. If you are looking for a broader overview of fault and common injuries, see our guide to pedestrian car accidents in California.
Who pays when a car hits a pedestrian in California
California is not a no-fault state. Whoever caused the crash is responsible for the harm, and in practice insurance pays. A serious case often draws on more than one source.
| Source | When it applies | What limits it | Authority |
|---|---|---|---|
| The driver’s bodily injury liability coverage | The driver was negligent | The driver’s policy limits | Veh. Code § 16056 (minimums) |
| Your own uninsured motorist (UM) coverage | The driver had no insurance, or fled and cannot be identified | Your UM limits and the hit-and-run conditions | Ins. Code § 11580.2(b) |
| Your own underinsured motorist (UIM) coverage | The driver’s limits are lower than your UM limits | Your UM limits | Ins. Code § 11580.2(p) |
| Medical payments coverage | You bought it as part of your own auto policy | The amount you purchased | Your policy terms |
| Your health plan | It pays your bills while the claim is pending | The plan may seek repayment from any recovery | Your plan terms |
| A city, county or state agency | A dangerous road, crosswalk or signal helped cause the crash | Six-month claim deadline and the statute’s proof requirements | Gov. Code §§ 835, 911.2 |
Most people know the first row. They miss the rest.
Why California’s minimum insurance is often not enough
Every California driver must carry liability coverage, but the legal minimum is low. Under Vehicle Code section 16056, a policy issued or renewed on or after January 1, 2025 must carry at least $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for property damage. Older policies were written at $15,000 and $30,000.
Emergency care, surgery and months of lost work can pass $30,000 quickly. When the driver carries only the minimum, the real question becomes where the rest of the money comes from. Often, the answer is your own policy.
Your own car insurance can cover you on foot
Many people assume auto insurance only matters when they are in a car. California’s uninsured motorist statute says otherwise. Insurance Code section 11580.2(b) defines who is insured under this coverage to include the named insured, a spouse, and relatives living in the same household, and it protects those relatives “while occupants of a motor vehicle or otherwise.” In plain terms, being a pedestrian does not take you outside the coverage.
Two parts of that coverage matter here:
- Uninsured motorist (UM) coverage applies when the driver who hit you had no insurance, or when a hit-and-run driver cannot be identified and the statute’s conditions are met.
- Underinsured motorist (UIM) coverage applies when the driver was insured, but for less than the UM limits on your own policy. Section 11580.2(p) defines an underinsured vehicle that way, by comparing the driver’s limits to yours.
UM coverage is standard in California, but section 11580.2(a)(2) allows a policyholder to delete it by written agreement. Pull your declarations page and check. If you do not own a car, ask whether a relative you live with has a policy, because their coverage may extend to you.
On a UM or UIM claim, your own insurer stands in for the other driver and will evaluate fault and damages as an adversary would. Get advice before giving it a recorded statement.
Hit-and-run: the 24-hour rule
Leaving the scene of an injury crash is a crime under Vehicle Code section 20001, but that does not pay your medical bills. Your uninsured motorist coverage can, and California attaches conditions to it when the driver is never identified.
Under Insurance Code section 11580.2(b)(1), a hit-and-run vehicle counts as uninsured for this coverage only if:
- the injury arose from physical contact between the vehicle and you (or a vehicle you were in);
- you or someone on your behalf reported the accident within 24 hours to the police department of the city where it happened, or, in unincorporated territory, to the county sheriff or the local California Highway Patrol office; and
- you filed a statement under oath with your insurer within 30 days after that.
The agency matters in San Diego County. A crash inside the City of San Diego or the City of Chula Vista goes to that city’s police department; one in an unincorporated community such as Spring Valley or Bonita goes to the Sheriff or the CHP. If you are in the hospital, have someone report it for you.
Right-of-way: does fault change who pays?
Fault decides whether the driver’s insurance pays, and how much.
In a crosswalk
Vehicle Code section 21950(a) requires drivers to yield to a pedestrian crossing within any marked crosswalk, or within any unmarked crosswalk at an intersection. Pedestrians have duties too: under section 21950(b), a pedestrian may not suddenly leave a curb and walk or run into the path of a vehicle close enough to be an immediate hazard. Section 21950(c) still requires a driver approaching a pedestrian in a crosswalk to slow down or take whatever action is needed to keep that pedestrian safe.
Outside a crosswalk
Under section 21954(a), a pedestrian crossing anywhere other than a crosswalk must yield to vehicles so near as to be an immediate hazard. Section 21954(b) adds that this does not relieve the driver of the duty to use due care for any pedestrian on the roadway.
The Freedom to Walk Act and jaywalking
California’s Freedom to Walk Act (AB 2147) took effect on January 1, 2023. It did not legalize every crossing. Section 21955(a) still says that between adjacent intersections controlled by traffic signals, pedestrians may cross only in a crosswalk. What changed is enforcement: under section 21955(b), a peace officer may not stop a pedestrian for that violation unless a reasonably careful person would realize there is an immediate danger of a collision. The same subdivision keeps both duties in place: pedestrians must use due care for their own safety, and drivers must use due care for pedestrians in the roadway.
For an injury claim, crossing mid-block does not automatically defeat your case. Under California’s pure comparative fault rule, your recovery is reduced by your share of responsibility, not eliminated. We explain how that math works in our post on comparative fault in California car accident cases.
When a road, crosswalk or signal is part of the cause
A faded crosswalk, a broken signal or missing lighting can contribute to a pedestrian crash. Government Code section 835 allows a claim against a public entity when its property was in a dangerous condition, the condition caused the injury, the risk of that kind of injury was reasonably foreseeable, and either a public employee created the condition or the entity had notice of it in time to fix it.
These claims run on a much shorter clock. Government Code section 911.2(a) requires a claim for personal injury to be presented no later than six months after the cause of action accrues. That applies whether the road belongs to the City of San Diego, the City of Chula Vista, the County, or the State. Photograph the scene early, because conditions change once someone complains.
The deadlines that protect a pedestrian claim
| Deadline | What it governs | Runs from | Authority |
|---|---|---|---|
| 24 hours | Report a hit-and-run to police, the sheriff or the CHP | The accident | Ins. Code § 11580.2(b)(1) |
| 30 days | Sworn statement to your own insurer on a hit-and-run | After the 24-hour report | Ins. Code § 11580.2(b)(1) |
| 6 months | Claim against a city, county or state agency | Accrual of the claim, usually the injury | Gov. Code § 911.2(a) |
| 2 years | Sue, reach agreement, or demand arbitration on a UM claim | The date of the accident | Ins. Code § 11580.2(i)(1) |
| 2 years | Injury or wrongful death lawsuit against the driver | The injury or death | Code Civ. Proc. § 335.1 |
The two-year uninsured motorist deadline catches people off guard. Under section 11580.2(i)(1), no claim accrues against your own insurer unless, within two years of the accident, a lawsuit is filed against the uninsured driver, an agreement is reached on the amount due, or you formally begin arbitration. Waiting on an adjuster does not stop that clock.
What to do this week
- Get the report number. If the driver fled and no report exists, make one now.
- Find your declarations page and note your UM, UIM and medical payments limits.
- Notify your own insurer in writing. On a hit-and-run, calendar the 30-day sworn statement.
- Keep every medical record and bill, including what your health plan paid.
- Photograph the crossing: paint, signals, lighting and anything blocking the view.
- List witnesses and nearby cameras before footage is overwritten.
When a pedestrian injury is serious
Pedestrian crashes often produce the injuries that take the longest to heal, including back and spine injuries, and when a crash is fatal, the family may have a wrongful death claim. If the injury keeps you out of work while the claim is pending, California State Disability Insurance may help bridge the gap. If a rideshare driver hit you, different insurance rules apply; see our guide to Uber and Lyft accidents.
Frequently asked questions
Talk to a San Diego pedestrian accident attorney
Banker’s Hill Law Firm has represented injured people across San Diego County since 1991. Maxwell Agha and our pedestrian accident team can identify every insurance policy that may apply to your case, including your own, and track the deadlines that protect it, in English or Spanish.
Request a free case evaluation. We work on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. There are no upfront costs and no out-of-pocket expenses.
If you were hit by a car while walking, call (619) 230-0330 or contact our San Diego office. We also serve the South Bay, including Chula Vista, National City and Imperial Beach, and you can read what our clients say.
This article is general information about California law, not legal advice. Reading it does not create an attorney-client relationship. Insurance coverage depends on the terms of each policy, deadlines vary with the facts, and you should speak with an attorney about your situation.
