Legally Reviewed by Frank Marsalisi on August 17, 2026
If you are hit by a car while walking in Florida, one of the first questions is usually, whose insurance covers this? Most people assume it is the driver’s. Sometimes it is, but not always right away, and the answer often depends on coverage you may not even know you have.
At Marsalisi Law, we help injured pedestrians across St. Petersburg understand how the layers of coverage actually work after a crash. Florida is a no-fault state, which means Personal Injury Protection, or PIP, often comes into play first. If you have your own auto insurance, your PIP coverage will typically apply, even though you were not in a car at the time. That surprises a lot of people, and it is only the beginning of what determines how a pedestrian injury claim actually gets paid.
How Common Are Pedestrian Accidents in Florida?
Florida consistently ranks among the most dangerous states in the country for people on foot. According to the Florida Highway Safety and Motor Vehicles 2023 Traffic Crash Facts Annual Report, the state recorded 10,290 pedestrian crashes that year, resulting in more than 8,100 injuries and 778 deaths. Pedestrian fatalities made up close to a quarter of all traffic deaths in Florida that year, a share far higher than most other states report.
In St. Petersburg and across Pinellas County, that risk shows up on busy corridors, near bus stops, and in neighborhoods without consistent sidewalks or lighting. Understanding how insurance works after a crash starts with understanding how often, and how seriously, these crashes actually happen here.
What PIP Covers and Where It Falls Short
PIP usually covers 80 percent of medical bills and 60 percent of lost wages, up to $10,000. According to the Florida Department of Financial Services, payment is based on the fact that an individual receives initial services and care within 14 days after the motor vehicle accident.
PIP can help in the beginning, but it often does not go very far in a serious pedestrian accident. In addition, PIP benefits may be limited or unavailable if initial medical treatment is not obtained within 14 days of the accident, which is one of the more common and costly mistakes we see people make.
What Happens If You Do Not Have Your Own Policy
If you do not have your own policy, the next place to look is whether someone in your household does. In many cases, that coverage can extend to you. If not, then the at-fault driver’s PIP coverage may apply. That is just the starting point, and it is worth confirming which policy actually responds before you assume you have no coverage at all.
When You Need to Go Beyond PIP
PIP does not cover everything. It does not include pain and suffering, and it is often used up quickly when injuries are serious, which they often are in pedestrian accidents around St. Pete and the surrounding areas.
To go beyond that, you may need to pursue a claim against the driver who caused the crash. That depends on whether your injuries meet Florida’s serious injury threshold. If they do, you may be able to recover compensation for the full scope of what you have gone through, including ongoing medical care, lost income, and the impact on your daily life.
How Comparative Fault Can Reduce Your Recovery
Insurance companies will still look closely at how the accident happened. Even in situations where a driver should have seen a pedestrian, they may try to argue that the person walking shares some of the blame, whether that involves crossing outside a marked crosswalk or stepping out from behind a parked vehicle.
Florida follows modified comparative negligence, which means any recovery may be reduced based on your percentage of fault and may be barred entirely if you are found more than 50 percent responsible. That can significantly affect the outcome of a claim, which is why the details of exactly where and how the crash happened matter so much.
Crosswalks, Right of Way, and How Fault Gets Assigned
Florida law generally requires drivers to yield to pedestrians in marked and unmarked crosswalks, while pedestrians outside of intersections must yield to vehicles. In practice, fault is rarely as clean as either rule suggests. Lighting, driver speed, distraction, and whether a driver had a reasonable opportunity to see and stop for a pedestrian all factor into how an insurance adjuster, and later a jury, evaluates responsibility.
Underinsured and Uninsured Drivers
There is also the issue of coverage. Not every driver carries enough insurance, and some do not carry bodily injury coverage at all. When that happens, your own uninsured motorist coverage, if you have it, may become important. The process is not always as straightforward as it should be.
The most important thing to understand is this. There may be more than one insurance policy involved, and the order in which they apply can make a difference in how your claim is handled.
How Long Do You Have to File a Pedestrian Accident Claim?
Under Florida’s current negligence statute, most pedestrian accident claims must be filed within two years of the date of the crash. This shorter window has applied since 2023, and it is a meaningful change from the four-year period that used to apply, so it is worth confirming your timeline early rather than assuming you have longer than you actually do.
If a pedestrian accident results in a death, the surviving family may have separate rights under Florida’s wrongful death law, and it is worth speaking with an attorney promptly to understand how that process works.
What to Do Immediately After a Pedestrian Accident
Get medical care right away, even if your injuries seem minor at first. Call 911 so a crash report is created, and request a copy once it becomes available. Take photos of the scene, the vehicle, the crosswalk or roadway markings, and your visible injuries if you are able to safely do so.
Get the driver’s insurance information and contact details for any witnesses. Be cautious about giving a detailed recorded statement to the driver’s insurance company before you understand how coverage applies to your specific situation, since early statements can sometimes be used to minimize a claim later.
Talk to Marsalisi Law About Your Pedestrian Accident
If you have been injured as a pedestrian and are trying to figure out what comes next, Marsalisi Law offers free consultations to help you understand your options and move forward with clarity. Working with Frank P. Marsalisi means getting direct, hands-on attention from an attorney with more than 18 years of personal injury experience and over 300 5-star Google reviews from clients across Tampa Bay.
Before speaking with the insurance company, it is important to understand your rights and how these issues may affect your claim. Marsalisi Law is Where Law Gets Personal. To get started, please contact our office for a free consultation today. Case results vary based on the facts of each situation.
Frequently Asked Questions About Pedestrian Accident Insurance in Florida
Whose insurance pays if I am hit by a car while walking in Florida?
Your own auto insurance PIP coverage typically applies first, even though you were on foot. If you do not have your own policy, a household member’s policy or the at-fault driver’s PIP coverage may apply instead, depending on the specific facts of the crash.
What if I do not have car insurance and I am not a driver?
You may still have coverage available through a resident relative’s auto policy, or through the at-fault driver’s PIP coverage. Every situation is different, so it is worth having the specific policies involved reviewed before assuming no coverage applies.
Can I still recover compensation if I was partly at fault for the accident?
In many cases, yes. Florida follows modified comparative negligence, which means your compensation may be reduced by your percentage of fault, and recovery is barred only if you are found more than 50 percent responsible for the crash.
How long do I have to file a pedestrian accident claim in Florida?
Most pedestrian accident claims in Florida must be filed within two years of the date of the crash under the state’s current negligence statute. Waiting to sort out insurance questions does not pause this deadline.
Should I give a recorded statement to the driver’s insurance company?
You are generally not required to give a recorded statement to the at-fault driver’s insurance company, and doing so before understanding your coverage can sometimes work against your claim. It is worth speaking with an attorney before agreeing to one.
About the Attorney
Founding Attorney, Marsalisi Law
Frank P. Marsalisi is the founding attorney of Marsalisi Law, representing injured people throughout St. Petersburg and the greater Tampa Bay area for more than 18 years. He is a member of the Tampa Bay Trial Lawyers Association and has been recognized on the Florida Super Lawyers list. Frank works directly with clients in English and Spanish and personally oversees every case his firm handles.
