Can you get a cash advance on a pedestrian or bicycle accident case?

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

Your car insurance can cover you on foot or on a bike

Many people do not realize that uninsured and underinsured motorist coverage can follow them out of the car. For a funder this matters, because it can be the second source of money when the driver’s limit is small, or the only one when the driver had none.

• California. The UM statute defines an insured as the named insured and spouse, plus relatives living in the same household “while occupants of a motor vehicle or otherwise” (Ins. Code 11580.2). The claim must be filed in court, settled or formally sent to arbitration within two years of the accident under subdivision (i).
• Texas. Policies must include UM/UIM unless a named insured rejects it in writing (Ins. Code 1952.101). PIP pays the named insured and household members, among others (section 1952.151). Ask the insurer in writing whether your policy pays you as a pedestrian or cyclist.
• Washington. UIM must cover persons insured who are legally entitled to recover from underinsured, hit-and-run and phantom vehicles, with exceptions for riding a motorcycle or an owned vehicle the policy does not insure (RCW 48.22.030). A pedestrian struck by an insured automobile also counts as an insured for that car’s PIP (RCW 48.22.005).

If you do not own a car, ask whether a relative you live with has a policy that lists you. Our car accident page explains MedPay, PIP and UM/UIM in more detail.

Hit-and-run: rules for an unknown driver

When the driver is never found, there is no one to sue, and the injured person’s own UM coverage is often the only insurance in play. Each state attaches conditions to that claim.

A funder reviewing a hit-and-run claim will usually ask for the police report and whether the UM claim was opened on time, because a missed condition can end the only source of payment. Our FAQ on a hit and run in California lists the first steps.

Road defects and claims against the government

Some walking and cycling injuries come from a broken sidewalk, a missing sign or a dangerous crossing. A claim against a city, county or state agency follows its own rules.

In California, a public entity is liable for a dangerous condition of its property if the condition caused the injury, created a foreseeable risk of that kind of injury, and either an employee created it or the entity had notice in time to fix it (Gov. Code 835). In Texas, a government unit generally owes only the duty a private owner owes a licensee for an ordinary premise defect, but must warn of special defects such as excavations or obstructions on roads, and claims over missing or broken signs and signals are excluded unless the problem went uncorrected for a reasonable time after notice (CPRC 101.022, 101.060).

The first deadlines are short: six months for a written claim in California (Gov. Code 911.2) and for notice in Texas, where a city’s charter can set a shorter period (CPRC 101.101), while Washington requires a claim filed with the local entity before suit (RCW 4.96.020). Texas also caps damages against government defendants, as our slip and fall page explains. A funder will likely treat a late claim as fatal and a cap as the ceiling. See our FAQ on crashes caused by potholes or dangerous roads.

Fault questions in walking and cycling cases

Drivers and insurers often argue the pedestrian stepped out or the cyclist rode unpredictably. In Texas, an injured person found more than 50 percent responsible recovers nothing (CPRC 33.001), so a funder there will look hard at any evidence of shared blame. Our FAQs on whether the driver is always at fault and on bicycle accident claims cover the rules, and a pedestrian hit in California lists what to do first.

Injuries to people outside a vehicle are often serious, with hospital stays and long recoveries. Hospital liens, health plan claims and Medicare or Medicaid repayment generally come out of the recovery before a funder’s payoff; see funding and medical liens. Funding rules themselves vary by state; see the laws by state table.

What to ask before you sign

• Do I, or a relative I live with, have UM or UIM coverage, and has that insurer been notified?
• If the driver fled, were the police report and insurer notice done within my state’s deadlines?
• Is a city, county or state agency involved, and was the government claim filed on time?
• How might fault be divided, and what does that do to the likely recovery?
• What would I owe at 12, 24 and 36 months, and does the contract reach both the driver claim and the UM claim?

Common questions

Related pages

Cash advance on a lawsuit · Laws by state · Injury law FAQs

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.