Utter the phrase, “pedestrian hit” to most adjusters, and it will conjure up thoughts of hospital bills, assessments of negligence, and injury settlements — to name but a few.
We editors at FC&S react much the same way. When asked to view the pedestrian-hit question from a less common perspective, we had to read it twice. An FC&S subscriber asked, “If the insured vehicle strikes a pedestrian, would the damage to the vehicle be covered by collision or 'other than collision' under the insured's auto policy?”
So here we were not to be concerned at all about the pedestrian (at least in terms of insurance coverage — we are not heartless), but rather solely about the damage inflicted by the striking vehicle. This was a new one for me, so I looked to the law for guidance. What I found was a dearth of case law relating to this specific scenario, though the few decisions that do exist seem to lean quite comfortably in one direction. One of those is McKay v. State Farm Mutual Automobile Insurance Co., 933 F. Supp 635, (S.D.Tex., 1995).
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