If you were driving down the road when another driver cut in your lane of traffic, causing you to swerve to avoid a collision, you might be wondering what you should do and who is responsible for your damages. Usually, a phantom driver doesn’t come into contact with your vehicle at all but causes the crash where you suffer damages and then they leave the accident scene so they will remain unidentified.
If the phantom driver is identified, you would file a claim with their insurance. If they aren’t identified, you will file a claim with your uninsured motorist policy.
The problem is showing that there was a phantom driver and that you suffered damages because of the accident. You will need to send a demand letter to let them know you are filing a claim because of the damages suffered in the crash with the phantom driver.
The Demand Letter
Your demand letter should be very detailed, list the evidence, include supporting documentation, state the facts, and then indicate what you would like to settle this matter. Here are some things that you should include in your demand letter after a crash caused by a phantom driver:
- The date, time, and location of the accident
- Details about what happened and why it happened
- Explain your damages – medical bills, vehicle repairs, lost wages, and pain and suffering
- Itemize your damages and then come up with the total dollar amount that you are asking for your settlement
- Provide supporting documentation, such as repair estimates, receipts for prescriptions, copies of medical bills, and documentation showing that you lost wages
- Include copies of photos of the accident scene and of the damages
- Include a copy of the accident report and of the witness statements
Remember that documentation is essential. When they see you can show that there was a phantom driver that caused the crash, the insurance company is much more likely to negotiate a settlement with you. Always ask for more than you would settle for but have a set number in mind so you will know how to focus your negotiations.
Keep Copies of All Documentation
You will need to establish medical care right away, so don’t put off getting checked by a medical professional. Always keep copies of your medical records, medical bills, prescription receipts, and get a written estimate for fixing your car’s damage. Keep any tow bills or rental car receipts as well, so you can ask to be reimbursed for those as part of your personal injury claim.
Consult With a Personal Injury Lawyer
If a phantom driver has caused you to crash and suffer damages, consult with a personal injury attorney who handles such claims in your area. With the help of a lawyer, the likelihood of getting a fair settlement will increase significantly. Complete the Free Case Evaluation Form on this page today, so you can get your claim on the right track.
