Partner at Charbonnet Law Firm LLC

Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury

People walking or riding a bike can suffer serious injuries when a car hits them. Medical bills and missed work can add up quickly, leaving you wondering who will pay.

In many cases, the driver’s auto insurance may cover your injuries. But the answer is different if the accident involved a cyclist, a hit-and-run driver, or another type of insurance.

A car accident attorney in New Orleans can help you find out what coverage may apply and who may be responsible.

This guide explains how auto insurance works after a pedestrian or bicycle accident in Louisiana, how fault can affect your claim, and what you should do after a crash.

Understanding the Different Types of Accidents

The type of crash can change which insurance policy applies.

  • Car hits pedestrian or cyclist: The driver’s liability insurance may cover the injuries.
  • Cyclist hits pedestrian: The cyclist’s homeowner’s or renter’s insurance may apply.
  • Hit-and-run: The injured person may be able to use uninsured motorist coverage.
  • More than one party involved: Multiple insurance policies may apply.

The right coverage depends on the facts and policy terms.

Will Auto Insurance Pay for Pedestrian or Bicycle Accidents?

Auto insurance may cover your injuries when a driver causes the crash.

The type of coverage can vary:

  • Liability coverage: Pays for injuries when the driver caused the crash.
  • MedPay coverage: May help pay medical bills, no matter who caused the crash, up to the policy limit.
  • UM/UIM coverage: May help when the driver has no insurance, not enough insurance, or leaves the scene.

If a cyclist causes the crash, auto insurance usually does not apply. The cyclist’s homeowner’s or renter’s insurance may provide coverage instead.

Louisiana also has rules that protect people riding bikes. Under the Colin Goodier Protection Act, La. R.S. 32:76.1, drivers must leave at least three feet when passing a bicycle. Breaking this rule may be used as evidence of fault.

Auto insurance for pedestrian and bicycle accidents

How Louisiana’s Comparative Fault Law Affects Your Claim

Louisiana does not always place all the blame on one person. If you were partly responsible for the accident, that can lower the amount you receive.

The rules changed in 2026. If you are 51% or more at fault, you generally cannot recover damages. If you are 50% or less at fault, your compensation is reduced by your share of fault under Louisiana Civil Code Article 2323.

For example, 30% fault on $80,000 in damages would leave $56,000. You can learn more about filing a claim when you are partly at fault.

What To Do After a Pedestrian or Bicycle Accident

Get medical care first. Then take steps to protect your claim.

  • Get the driver’s or cyclist’s name and contact information.
  • Get their insurance information.
  • Take photos of the scene, vehicles, injuries, and road.
  • Save any photos or videos of the crash.
  • Report the crash to the police.
  • If the crash happened on campus, report it to campus officials.

A police report can provide a record of the crash. It may also help if there is a later dispute about what happened.

Get Your Free Consultation

Common Injuries in Pedestrian and Bicycle Accidents

Pedestrians and cyclists often suffer serious injuries because they have little protection during a collision.

Common injuries include:

  • Head injuries, including concussions and traumatic brain injuries
  • Broken bones
  • Spinal cord and back injuries
  • Cuts, bruises, and road rash

Some injuries may not appear immediately. Getting medical care quickly helps protect your health and creates documentation of your injuries.

Liability coverage for cyclist injuries

Insurance Coverage Options for Bicycle and Pedestrian Accidents

The insurance that applies depends on who caused the crash and whether a motor vehicle was involved.

Accident

Possible coverage

Notes

Pedestrian hit by car Driver’s liability coverage Applies when the driver is at fault
Cyclist hit by car Driver’s liability, possible MedPay UM/UIM may also apply
Pedestrian hit by cyclist Homeowner’s or renter’s insurance Auto insurance usually does not apply
Hit-and-run Your UM/UIM coverage Depends on your policy
On-campus accident Liability or civil claim Depends on who caused the accident

If the driver has little or no insurance, your own uninsured/underinsured motorist coverage may help cover your losses.

Frequently Asked Questions

Does auto insurance cover a pedestrian hit by a bicycle?

Usually not. If a cyclist caused the injury, homeowner’s or renter’s insurance may provide coverage.

Who is responsible if a cyclist hits a pedestrian?

It depends on the facts. A cyclist may be responsible for unsafe actions, but a pedestrian may also share fault in some situations. Louisiana assigns each party a percentage of responsibility.

Can I recover compensation if I was partly at fault?

Yes, depending on when the crash happened. Your award may be reduced based on your share of fault. For crashes on or after January 1, 2026, you cannot recover if you are 51% or more at fault.

What happens if the driver leaves after hitting me?

If a driver leaves the scene, your UM/UIM coverage may help cover your losses if you have that protection.

Do I need a police report to file an insurance claim?

A police report is not always required, but it can provide important evidence about what happened.

Talk to a New Orleans Car Accident Attorney

A pedestrian or bicycle accident can leave you dealing with medical bills, lost income, and questions about who should pay.

At Charbonnet Law Firm, our attorneys help injured people across Louisiana understand their rights after serious accidents. We can review your situation, explain your options, and help determine what insurance coverage may apply.

The deadline to file a claim is limited, so getting advice early can help protect your rights. Call (504) 888-2227 for a free consultation.

With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.

  • “I walked in as a client and walked out as a friend. If you are good at what you do, you will never need expensive ads to prove it. Good outshines the rest and in volatile times such as now always go for the good and at Charbonnet Law Firm you will be treated as humans and not just a case file. It’s my word of mouth endorsement and I approve this message.”

    A. Bajaj

  • “It’s easy to get caught up in lies. These days it’s hard to weed out good from bad. The best endorsement is what comes from people, not the lawyers’ own endorsements, paid celebrity endorsements or actors telling you they made millions. Charbonnet law firm has no expensive ads because they have happy clients. I am one of them!”

    J. Kelly

  • “If I had to sum it up in short Charbonnet Law Firm has a team that treats everyone with respect and esteem. Kindness is apparent as soon as you walk into the office, don’t be just a case number! I am not just saying it I am a client too!”

    B. Smith

  • “Best Firm in New Orleans. Great service. These guys treated me like family whenever I got in a tight situation. Clean office and great location in the Metairie area.”

    Q. Lee

SCHEDULE A FREE
Consultation

Home contact Form