Navigating insurance after a traffic crash: advice for pedestrians and bicyclists

This blog is written by members of the Families for Safe Streets – San Francisco Bay Area chapter based on their experiences and specific to when someone is outside of a vehicle and hit by a motorist. This is for informational purposes only. Our thanks to Shaana A. Rahman with RAHMAN LAW PC for reviewing this blog for accuracy. 

In the aftermath of a traffic crash, whether you are a crash survivor or the loved one of a victim, there are so many things you have to deal with. Depending on the circumstances and severity of the crash, it can be overwhelming.

Our post-crash checklists, available in English, Spanish, Tagalog, and Chinese, offer advice on medical care, police investigations, and legal issues, plus how to access victim services and emotional support.

But the checklists don’t include anything about insurance. Many of us have had significant challenges dealing with insurance – and learned that are things you need to watch out for.

Overall, the insurance system generally isn’t set up to support victims well, and can be unjust, unfair, and exhausting.

Getting an insurance settlement can sometimes take years. It’s in the driver’s insurance company’s interest to drag out the process because they know many people will accept a smaller settlement because they simply can’t wait any longer for compensation. This is of course especially difficult for people without financial means. One of our member’s cases lasted nearly five years.

If your loved one was killed by a driver

Immediately consult with and secure an injury lawyer you trust. Injury lawyers provide consultations free of charge, and are usually paid on a “contingency” basis, meaning they only get paid if they collect money for you. A common fee agreement in these cases is 33 1/3% with an increase to 40% if some other event happens like a mediation or trial. Lawyers will directly interface with insurance companies among other things. Walk SF has a list of pedestrian-friendly attorneys.

If possible, bring someone with you for the initial consultation with a lawyer (or listen in with you if it is by phone), to capture information and help assess the lawyer with you after. Note that bringing someone other than a spouse or domestic partner can create issues with attorney client privilege. A good attorney will try to gather as much information about what happened, answer questions, and find out what you want to do going forward. But if you feel pressured or uncomfortable with the attorney, you should move on to another one. Trust your instincts.

If you or your loved one was hit and injured by a driver

1. Even if injuries did not result in emergency treatment, get medical help.
Symptoms can manifest days, weeks, or even months after a crash. A health professional can help to identify and address injuries that may not be obvious. This step will also enable you to preserve records of your injuries and the costs you incur in order to collect damages.

2. After getting medical help, document what happened for you or your loved one ASAP.

Take photos of injuries as soon as possible. Write down crash details while they are fresh. If your insurance case ends up in the court system, you will need this.

3. Strongly consider consulting with an injury attorney immediately.

Even if injuries were minor, consultations with injury lawyers are free and they can help you get a sense of your rights.
Unfortunately, if the crash was serious, you or your loved one could face years of medical treatments, permanent or catastrophic injuries, a loss of employment, and more. If so, you’ll need help to ensure these hardships are compensated for – and attorneys do this. Read more advice on procuring an attorney above and below.
An injury attorney can advise you on whether or not you need to notify your health insurance and car insurance company about the crash. They can also explain the process of filing a claim with the driver’s insurance company. If you think you will be engaging an attorney, it might be best to let them file the claim with the driver’s insurance company.

4. File a claim with the driver’s insurance to get the process started, but be sure you understand subrogation. The at fault driver’s auto insurance should cover all your medical expenses, even if you have medical insurance.

The son of one of our members was hit and severely injured on his bicycle. He needed to see a range of specialists, but both Stanford and UCSF hospital systems initially said that the son’s health insurance would not pay because the other party (the driver) was responsible. Both hospital systems were wrong, and this would have meant paying out of pocket in the short term until insurance was sorted out.

Generally health plans must pay for medical treatment, regardless of cause. The confusion that may happen with a hospital system is likely related to subrogation, which means that your medical insurance company is entitled to get payment from the at-fault driver’s auto insurance. Many people’s medical insurance has a subrogation clause. The driver’s auto insurance company will want to pay as little as possible, though, so if they ask you to sign a release to get compensated, be careful. Auto Medical Payments Coverage (Medpay), which has subrogation issues.

One of our members ended up on the hook for thousands of dollars because they’d signed paperwork to be reimbursed by the driver’s auto insurance for their out of pocket medical expenses, but had inadvertently freed the auto insurance company from having to pay back the medical insurance company. Ask your medical insurance company about subrogation and how they want to interface with the auto insurance company, if at all. And be sure to save any receipts for out of pocket expenses like prescriptions and co-payments for submitting to Medical Payments Coverage as needed.

5. If the driver doesn’t have auto insurance, your medical insurance should cover your medical expenses.

Medical bills should be submitted to the injured party’s health plan. Out of pocket expenses (like co-payments) can be submitted for payment through your auto policy medical-payments coverage claim (if available). If you don’t have medical insurance, you may be eligible for Medi-Cal coverage.

The role of police reports

What’s on the police report matters for insurance, whether or not a crash was fatal. If and how blame is assigned on the police report can determine who is held liable. Sometimes what’s in the initial traffic collision report is inaccurate, and you may have to request this to be updated to reflect the facts. This isn’t always easy, and may require a lawyer.

There are a few scenarios that can lead to a police report being written – or not:

• If 911 is called after a crash and someone reports an injury on the scene and an ambulance is dispatched, police will also be dispatched and a police report will be written. The initial police report is based on what the police heard from others at the crash site or witness firsthand. That’s why an investigation is so important and you may need to push for one – otherwise the report may be missing key information.
• If 911 is called and the crash is reported as no injury (property damage only) or no ambulance is required, police are unlikely to be dispatched and no report will be written.
• Police arrive on scene, but an ambulance is declined and police do not write a report and instead help the parties exchange insurance and other information.

If a police report was written at the scene, you can request it in person at SFPD Police Headquarters during business hours or through the SFPD’s online portal. The SFPD states that you should “allow a minimum of five (5) business days from the date of the collision to allow the report to be reviewed and approved for release.” We advise you to be very proactive in getting the police report. Going in person to the Crime Information Services Unit at 1245 Third Street rather than the district stations is more successful.

While you’re awaiting the police report, it’s crucial to talk with the police department ASAP to ensure all witnesses are interviewed, nearby security camera footage is viewed/retained, and photos are taken. Reach out to the SFPD station office that the crash occurred in (find the correct station) and ask to speak with the officer who was at the crash.

If a police officer was not at the scene or didn’t write a report, you can go into any SFPD station and file what’s called a ‘counter report,’ which is a basic document that provides SFPD with the information about the crash. SFPD does not take any action on a counter report, but it can sometimes be helpful later if the at fault driver claims the crash never happened, etc.

Note that if 911 was called but no police report was completed, you can obtain both the written CAD dispatch log which will contain some limited information confirming the crash and the audio of the 911 call which may contain witness comments, etc.

We are here for you

If you’re reading this, we are deeply sorry for what you’re going through. We understand. And we’re here for you.

Our community is specifically for people who’ve been directly affected by traffic crashes and we encourage you to join us. Families for Safe Streets is a place for understanding and support.

For members who want, it’s also a place to work together for change so others don’t go through what we have. Because traffic crashes are no accident: there are preventative solutions and we need so many more of them. Learn more and reach out today.