Being involved in a Miss and Run accident does not mean that obtaining compensation is impossible. There are some important steps you should take to protect your claim, including contacting a car accident lawyer who has a proven track record of getting results.
Reckless drivers are everywhere, wreaking havoc across our highways and causing accidents. Sometimes they are even able to cause an accident without being in one. Maybe someone pulled out in front of you and caused you to swerve into a parked car. They are so reckless that they keep driving while you are left alone to deal with the consequences. These types of accidents are known as a hit and miss, caused by a phantom vehicle. Don’t despair if you have been hurt in one of these recently. A car accident attorney may be able to help you get compensated for your injury.
A miss and run is more difficult to prove than a hit and run. Unless you have an uninterested party to collaborate your
story, there really is no easy way to prove the phantom vehicle's existence. You cannot file a claim against a ghost, but you are allowed to file a claim against your own insurance company in these type of accidents. Without any physical evidence of the phantom vehicle this will be a hard case, and you can rest assured that the insurance adjuster is going to try his best to punch holes in your story. The best way to fight them is by retaining a car accident attorney.
Here’s why:
In Missouri, unless the insurance company has a legitimate reason to discount a drivers’ story of a phantom vehicle, they must accept your version of events as the truth. The phantom vehicle is now considered an uninsured motorist, and the insurance company is responsible for compensation. Reluctant to pay that, the insurance adjuster will do his own investigation in order to provide evidence that your story is not true. The time to process your claim will be stalled while he is busy trying to prove that no phantom vehicle existed. It takes the skill of an attorney to keep things rolling as quickly as possible towards a settlement or trial.
The driver of a passenger vehicle in Missouri was struck head on by a tractor trailer who claimed that he had to swerve in order to avoid a phantom vehicle. The plaintiff underwent an enormous amount of treatment for multiple injuries, and will be disabled for life. On top of a claim against the driver, she also filed one against her own uninsured motorist policy based on his story of a phantom vehicle. Since there was no evidence to dispute his claim, her insurance company settled the suit at mediation for $50,000.
The best way to combat the obvious defense strategy of the insurance adjuster is to start talking about the phantom vehicle immediately after the accident. Ask witnesses if they saw the accident and the vehicle that caused it and ran. Tell the admitting nurse in the emergency room and any doctor involved in your treatment. Call the police and file a report. Make sure to mention the phantom vehicle and anything you may have noticed about it, like a license plate number.
Being involved in a hit and miss accident does not mean no compensation. Call a Missouri car accident attorney today if you were injured by one and are unsure how to proceed.
