Recently, I had
an auto accident. The other driver ran me off the road fled the scene. I was
pretty shaken up and couldn’t get the tag number. I gave the police a description of the car but the other
driver got away. My medical bills
are huge. What can I do? Vince, Arley
Car accidents are extremely traumatic,
causing serious injury and property damage. The law gives the victim the
right to claim compensation for losses suffered in an accident caused by another
person’s fault. However, in hit and run car accidents, the claims process can
become complicated.
First - Never
Leave the Scene of an Accident
The law forbids drivers involved in accidents to
flee the scene, whether or not he/she was at fault. A driver must not leave the accident scene before
providing relevant information to the police, or the other people involved in
the wreck. If a driver flees the scene without doing this,
he or she can be charged with a crime. If the accident causes
the death of another person, the crime may be a felony and the at-fault driver
could have to serve time in prison.
Almost 11 percent of all motor vehicle accidents involve a hit and run.
Every year, almost 2,600
people are killed by a hit and run driver.
The most common reasons behind hit and run accidents
are:
· Drunk driving or driving
under the influence.
· The at-fault driver does not
possess a valid driver’s license, and fears trouble.
· The at-fault driver is
uninsured.
· The at-fault driver knows
he or she caused the accident because of distracted driving or
speeding.
Will your auto
insurance cover a "hit and run" accident?
Yes. A
tougher question is whether your insurance covers an accident when another
driver runs the victim off the road, but the vehicles never collided.
What is
considered a "Phantom Vehicle" Accident?
A "phantom vehicle" is a vehicle involved
in an accident, but the driver and the vehicle cannot be identified. This term applies
when the "phantom vehicle" hits another car, but drives away from the
accident before the vehicle can be identified. The term also refers to
incidents where the "phantom vehicle" causes an accident but has no
physical contact with the victim's vehicle.
Alabama's take
on the "phantom vehicle" issue
Historically, Alabama recognized that unknown drivers
of vehicles causing accidents with physical contact were defined as uninsured.
However, with regard to the no-contact phantom vehicle, state and
federal laws in Alabama were at odds. In 2002, the Alabama Supreme Court ruled
that a corroboration requirement to prove a no-contact phantom vehicle accident
was an illegal insurance exclusion. A “corroboration requirement” would mean
that a person had to produce evidence of a phantom vehicle other than his/her
own testimony. Often times, that
would be impossible.
If you have questions regarding uninsured motorist
insurance coverage, or any other personal injury matters, contact Nelson, Bryan
and Jones at (205) 387-7777.
Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor
Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective
Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking
Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property
Damage Claims.