If you were hit by a phantom driver, and were injured, it can be a very worrying experience. Unlike most accidents, it may be difficult finding the person who hit you and therefore claiming compensation for your injuries through their insurance cover. In many cases, there may be no other option other than to claim through your own insurance if the phantom driver isn’t found by police. Even if the driver is found, s/he may be found to have insufficient insurance or no insurance to pay damages. One of the many reasons why a driver fails to stop after hitting someone else is because what they are doing is illegal. Whatever the circumstances police must be informed about what happened and you should contact a personal injury lawyer to discuss your legal options.
Injuries That Can Occur if Your Car Was Hit by a Phantom Driver
There are so many variables in a phantom driver accident that it is impossible to generalize about injuries. The very fact that the driver managed to drive away without stopping assumes that the other driver was able to drive and the vehicle s/he was driving was not too badly damaged. The worst injuries in any car crash are those caused by a head-on collision. This is a common phantom driver scenario where you are hit as you cross an intersection. The other driver runs a red light and hits you, then speeds off. Injuries could range from minor cuts and bruises right through to serious and possibly life threatening injuries like traumatic brain injury and spinal injuries.
Filing a PI Claim For Injuries After Your Car Was Hit While Parked
If this wasn’t a phantom driver accident, you would know who the insurer was of the driver who hit you and you could then think more seriously about pursuing a personal injury claim. This is not possible in a hit and run situation unless the driver is found. If the driver is caught by police, the very fact that s/he did not stop after the accident would be good evidence of negligence. No doubt the driver would be facing criminal charges but these don’t directly help you with recovering the cost of any injuries you have suffered.
If the driver is caught and had insurance, you can pursue a claim against him/her as normal. Failing detection or if the driver has neither insurance nor assets to make acclaim over, you may be forced to make a claim against your own insurance policy. If the accident happened in a no-fault state and you have PIP insurance you may be able to claim loss of earnings and medical costs through your own insurance but not damage to your car. PIO insurance tends to be limited so any serious injuries may not be covered. Talk to a personal injury lawyer about your options.
Working with a PI Lawyer
It is important to talk through your accident with a personal injury lawyer before making any decision about what to do about recovering costs after an accident with a phantom driver.
