Hit-skip, Phantom Vehicles and Uninsured Motorist Coverage

Hit by a "hit-skip" driver or a run off the road by "'phantom vehicle" that leaves the scene? You may be able to make a claim under your own automobile insurance policy if you have uninsured motorist coverage, commonly referred to as UM coverage.

UM coverage is insurance you buy to cover yourself, your passengers and anyone else you give permission to use your vehicle. It comes in both injury coverage (BI)and property damage (PD) coverages. You can select the dollar amount of coverage you wish to purchase.

The language of your insurance policy controls the terms, but generally, if you are hurt in accident with a driver that does not have insurance, you can make a claim under this coverage to cover your injuries and losses. This coverage can also apply if you are in a "hit-skip" accident or there is a "phantom vehicle" involved that leaves the scene, or the driver cannot be identified. Most policies require that there be "independent corroborative evidence" to establish the accident facts, and your own statement is not independent corroborative evidence unless supported by additional evidence. If you want to see a current case on this, check out Jackson v. State Farm, 2015-Ohio-1131 from the Fourth Appellate District. You can find it on the Supreme Court of Ohio website: http://www.sconet.state.oh.us/. Look under the appellate court section.

Check with your insurance agent to make sure you are covered. If you don't have this coverage, you should get it. If you have been hurt in a "hit-skip" accident or involved with a "phantom vehicle", contact me to see if you have a case.

Categories: Personal Injury

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