Hit by Phantom Driver While Driving Someone Else's Car

When you think of an auto accident, you probably envision two or more vehicles colliding. However, some car accidents become much more complex than simply extricating multiple vehicles from a pile up. For example, a hit and run accident leaves the motorist at the accident scene without any information to file a persuasive insurance claim. Another type of car crash called the “phantom driver” is not really a crash at all.

Phantom driver accidents happen when one driver makes a maneuver that forces a second driver to react in a way that causes vehicle damage and/or personal injuries. The phantom driver leaves the scene and just like a hit a hit and run accident, there is not much evidence at the scene for processing.

Damages Caused by a Phantom Driver Accident

A phantom driver incident can lead to a wide variety of auto accidents. Let’s say a phantom driver moved into your lane on a high-volume highway. Swerving to avoid the phantom driver landed you in a ravine bleeding from cuts on the head and writhing in pain from multiple broken ribs.

Minor phantom driver incidents, such as when another driver starts to run a red light, but holds up at the last minute, can force you to make an adjustment that produces little car damage and leave no lingering physical injuries.

Liability When Driving Someone Else’s Car

Determining liability after an auto accident is difficult to do for standard crashes like a rear end collision or a side swipe on a four-lane road. A phantom driver incident takes proving liability to another level. First, there is not a driver to interview. Unless you wrote down the license plate, all you have left is describing the make and model of the vehicle.

Nonetheless, if you drove someone else’s car and need to file an insurance claim because of an accident, State law combined with insurance company policies typically determine which party pays the cost of vehicle damage and the bills triggered by medical issues.

Your insurer probably refused to pay for the costs of an accident caused by someone else driving your car if the person driving your vehicle did not receive permission to drive it. This even applies to a friend or family member that is often given access to your car, but for this particular incident, did not ask for permission to drive the vehicle. A state licensed liability attorney can help you sort through a phantom driver accident that someone else had to endure.

What to Do after a Phantom Driver Accident

Quick thinking can lead to the writing down of the phantom driver’s license plate number, but the fact remains the driver either left the scene before you could see the number or the trauma caused by the wreck overwhelmed you. The key for collecting evidence after a phantom driver accident is to interview any witnesses that saw the incident.

Maybe a witness remembered the license plate number or can provide you with a detailed account of what happened before, during, and after the accident.

If any type of vehicle accident deserves the attention of an experienced liability lawyer, it is a phantom driver accident. Add to the missing other driver the fact that someone else drove your vehicle at the time of incident, and you have a complicated insurance claim to file. Your attorney can communicate with your healthcare providers to obtain the medical documents required to demonstrate the extent of your injuries, as well as how much it costs.

Additional Resources