Can another driver cause a car accident, without making contact with the vehicle that crashed? If you have driven long enough, you know the answer to be a resounding yes.
Let’s say you are driving at night on a fairly dark road. Out of nowhere, another vehicle appears partially in your lane, which makes you swerve and leave the road into a shallow ditch. Although the vehicle partially in your lane did not make contact with your car, the driver of the vehicle caused you to drive into ditch. If the driver of the vehicle continued on his or her way, you have to call the police to file a criminal complaint.
What if the driver came back to see if you were okay? Then, there might be no police report in an accident with a phantom driver.
Circumstances When There is No Police Report
You will find many legal resources online that highly recommend drivers involved in a car accident should contact the nearest law enforcement agency. However, in some cases, a phone call made to a sheriff’s office or a local police department might be taken by an officer that asks a few questions, and the states there is no need for the police to come to the scene of the accident.
If you are involved in a fender bender that does not result in injuries or damage to either vehicle, you can exchange information with the other driver(s) involved in the accident. In the case of no police report in an accident with a phantom driver, you spend the time required to obtain information from the phantom driver.
Here is what you need to acquire from the phantom driver:
- Driver’s license information, especially contact information and license number
- Name of insurance carrier
- Car insurance policy number
- Extent of auto liability insurance
- Best time to reach the phantom driver
- Attorney’s contact information, if requested
Evidence You Need to File an Insurance Claim
The biggest advantage of acquiring a copy of a police report is the report will present physical evidence surrounding the circumstance of the car accident. In lieu of obtaining a police report, you will have to present evidence to your insurance carrier. In addition to submitting photographs of the damage to all vehicles and photographs of the accident scene, you will need to interview every witness to build a strong case in your favor. Make sure to get witness versions of events right after the accident, as the passage of time can diminish an accurate account of the auto accident.
Enlist the Help of an Accomplished Personal Injury Attorney
Another reason to file a police report is for another insurance reason: Health insurance. Some injuries like whiplash and muscle bruises do not trigger painful symptoms for hours, if not a few days after the incident. By working with a state licensed personal injury lawyer, you will submit convincing evidence to your insurance carrier that the vehicle accident took place, as well as present medical documentation to your health insurance company linking any injuries you suffered to the accident with a phantom driver.
