A Different Type Of Car Accident
While many car accidents occur when an at-fault driver comes into physical contact with another vehicle, a person, or property, there are also accidents incited by a vehicle without physical contact. In these cases, we refer to that vehicle as a “phantom vehicle.” For example, if another driver’s reckless actions force you to swerve, brake suddenly, or take evasive action, you may end up damaging your own car or seriously injuring yourself — even though no actual contact was made.
Although the other driver’s vehicle didn’t come into physical contact with your own, that driver should still be held responsible for the damage their actions caused. It can be confusing to determine the next steps after a phantom vehicle accident. You may be left wondering how you file a claim against a driver whose vehicle didn’t directly impact your own, or what you should do after a car accident that’s not your fault.
Filing A Phantom Vehicle Accident Claim
It’s challenging to file a claim if the vehicle in question has left the scene. Having additional information like the license plate number or a witness statement can be extremely helpful. If you suffer an injury as the result of a phantom vehicle accident in which the other driver cannot be identified, there are still potential paths to recovery. Uninsured/underinsured motorist (UM/UIM) coverage can in some circumstances cover the damages you’ve suffered when the at-fault driver is unknown or uninsured — and this is exactly the kind of coverage that can make a huge difference in situations like these.
One of the most important things you can do following any vehicle accident is to report it immediately. The more documentation you have — especially from authoritative sources like the police department — the better your claim will be. It’s also more likely that you’ll be able to obtain useful witness statements if you report the accident as soon as possible. In addition to reporting the accident to local law enforcement, you should notify your insurance company as quickly as possible. That’s especially true if a negligent driver forced you off the road without direct contact between your vehicles. Many insurance policies have strict timelines for reporting, and missing those windows can affect your ability to file a claim.
What To Do Immediately After A Phantom Vehicle Accident
The steps you take in the minutes and hours after a phantom vehicle accident can make or break your claim. Here’s what we recommend:
First, call 911 immediately and get police to the scene. A police report documenting the circumstances of the accident is one of the most valuable pieces of evidence you can have. Second, look for witnesses. People who saw the other vehicle’s behavior before the crash can provide critical testimony to support your account of events. Get their names and contact information before they leave the scene. Third, take as many photos and videos as possible — your vehicle damage, the road conditions, skid marks, and anything else that helps tell the story of what happened. Fourth, note any details about the phantom vehicle, including make, model, color, partial plate number, or any other identifying information. Even a small detail can help investigators track down the responsible driver. Finally, contact an experienced car accident attorney before giving any recorded statements to your insurance company.
Phantom Car Crash Case Study
You may feel helpless after a phantom vehicle accident, but a qualified and experienced Colorado Springs attorney can help you recover. One of our own clients was traveling on US Highway 24 through Park County, CO, driving a Nissan Pathfinder. She was wearing proper restraints and was accompanied by her daughter-in-law. Another vehicle entered the highway traveling in the opposite direction — in her lane, going the wrong way. She had no choice but to swerve to avoid a head-on collision.
When she regained consciousness in a Colorado Springs hospital, she remembered nothing after swerving. The phantom vehicle did not stop at the scene of the accident. Despite concerted attempts to locate the driver, the responsible party was never found. However, Rector Stuzynski Law Firm was able to make an uninsured motorist claim with the client’s insurer and secure a $250,000 settlement. This case is a perfect example of why having the right attorney and the right insurance coverage in place can make all the difference.
How UM/UIM Coverage Protects You
Colorado law requires insurers to offer uninsured and underinsured motorist coverage, though drivers can choose to reject it in writing. If you have this coverage and are involved in a phantom vehicle accident where the at-fault driver flees or cannot be identified, your own UM coverage may step in to compensate you for your injuries and damages. Without it, your options for recovery become significantly more limited.
This is one of the reasons we always encourage people to review their auto insurance policies carefully and make sure they have adequate UM/UIM coverage. Colorado only requires drivers to carry $25,000 in bodily injury liability coverage — an amount that often isn’t enough to cover serious injuries. Making sure your own policy has strong UM/UIM limits is one of the smartest things you can do to protect yourself and your family on the road.
If you’ve been involved in a phantom vehicle accident and aren’t sure what your coverage allows or how to proceed, understanding the statute of limitations for car accident claims in Colorado is an important first step. Time limits apply, and waiting too long can cost you your right to recover.
Contact Our Car Accident Attorneys For Assistance
The most important thing you can do after a phantom vehicle accident is to document as much as you can and retain a Colorado car accident lawyer experienced with these types of cases. Rector Stuzynski Law Firm has handled phantom vehicle claims and knows how to build a strong case even when the at-fault driver is nowhere to be found. Call us today at (719) 578-1106 for a free consultation — we’re available 24/7 and ready to help.
