I was going 45-50 at most on 35 mile zone.The damage wasnt too bad its probably not what you guys are picturing, but there was frame damage, and even if they fixed it it will still have noise problems. etc.

Im in California by the way.

 

So you do have some responsibility. Coming at 45mpg or more means the pedestrian could have assumed you would be going slower, plus you have less time to react and more speed to drop when they do step in front of you.

There are many bad things that happen that have many multiple contributing causes, if any one of them didn't happen, you could avoid it.

 

Wait till you get a copy of the police report. If it says you were not at fault then sue your insurance company.

 

Sue an insurance company... easier said than done unless you have Bill Gates type money.