Phantom Driver Car Accident

Most drivers will stop and help other drivers after an auto accident. Unfortunately, not all individuals fulfill this responsibility.

In a phantom driver accident, the other driver leaves you without identifying themselves or even stopping to see if you’re alright. This behavior makes it more difficult to recover damages and hold the at-fault person accountable for your injuries.

In this article, a Chicago hit-and-run car accident lawyer discusses the legal implications of accidents caused by phantom drivers and your options for resolving this unpleasant situation.

What are Phantom Driver Accidents?

A phantom car accident occurs when the other driver leaves the scene without stopping to provide assistance, identification, or insurance information.

These accidents are often hit-and-run, where the phantom driver hits another car and flees the scene. They can also be miss-and-run accidents, where the driver’s behavior forces you to swerve or brake quickly, but there’s no physical contact between your vehicles.

Since the at-fault driver leaves the scene without any trace, accident victims often struggle to identify them or file claims for damages caused by the accident.

Legal Implications of Phantom Driver Accidents

Car accidents where the other vehicle leaves the scene without providing information are more complex. If you cannot find the driver, you can rely on uninsured motorist coverage, but proving damages and fault can be challenging.

Uninsured Motorist Coverage

Uninsured motorist (UM) coverage protects you if you’re involved in an accident with a driver who doesn’t have insurance or cannot be identified.

In the case of a phantom driver in a miss-and-run or hit-and-run accident, the coverage compensates for your medical bills, lost wages, and property damages—the damages you would otherwise recover from the at-fault driver.

Identifying the Phantom Driver

If you locate the phantom driver, their auto insurance can cover your medical bills, vehicle damages, and other losses. They may also be held accountable for the hit-and-run or miss-and-run accident, as fleeing a car crash scene is unethical and illegal, especially if they do not stop to assist the injured victims.

Proving Fault and Damages

As the other driver flees without leaving any identifying information or insurance details, it is more difficult to prove fault and recover damages. Accident victims have to rely on indirect evidence such as surveillance footage, skid marks, or vehicle damage to prove that a phantom driver caused the accident.

It also helps to hire an attorney familiar with miss and runs, as they have the necessary expertise and contact with expert witnesses.

The Role of a Personal Injury Lawyer in Phantom Driver Cases

After an auto accident involving a phantom driver, you may need a personal injury lawyer to help you with the expenses.

Investigating and Gathering Evidence

Your insurance company will require proof that a phantom driver caused your car accident. They may even try to reduce your damages or blame you for the crash to reduce the payout.

A personal injury lawyer can help you prove what happened or even identify the phantom driver by:

• Gathering witness statements – Your lawyer can help you obtain eyewitness testimony by locating and interviewing witnesses.
• Using surveillance footage – They can request and analyze footage from nearby businesses, traffic cameras, dash cams, or home security systems.
• Contacting experts – They can speak to accident reconstruction experts who will help your case.

Negotiating with Insurance Companies

Car crashes can be traumatic even when the other party takes responsibility. When they flee the scene, they also leave you with the stress of convincing your insurance company to cover your damages.

A personal injury attorney can reduce this stress and enable you to focus on your recovery by:

• Filing an insurance claim
• Negotiating with your insurance provider if you have UM coverage
• Negotiating with other involved insurers to secure a fair settlement

Representing You in Court

We will take your case to court if we do not reach a satisfactory settlement during the negotiations. If we locate the at-fault driver, we can file a personal injury lawsuit against them and hold them accountable.

Steps to Take After a Phantom Driver Accident

Phantom drivers make it difficult for victims to seek compensation and pursue justice. If you’re ever in a miss-and-run accident, you can take steps to strengthen your case.

Prioritize Safety and Seek Medical Attention

Your safety and health are a priority:

• Ensure safety – Move away from the traffic and check whether you and others are injured.
• Call emergency services – Seek immediate medical attention, even if you don’t have serious injuries, and ask for police presence.
• Do not admit fault – Despite feelings of shock or guilt, especially if a loved one is injured, refrain from admitting fault when interacting with police or your insurance company.

Gather Information and Evidence

If first responders have cleared you and it is safe to do so, collect vital information about the following:

• Phantom vehicle – Describe the phantom vehicle’s make, model, color, or other identifying details. It also helps if you can remember its license plate number (even a partial number will help).
• Accident scene – Photograph the position of your car and other vehicles, debris, skid marks, traffic signs, and road conditions such as snow, ice, or potholes.
• Damages – Photograph vehicle damage, including dents, scratches, broken glass, and damages to other property.
• Injuries – Photograph any visible harm to yourself or other injured victims.
• Eyewitnesses – Collect contact information from any person who saw the accident.

Report the Accident to the Police

File a police report according to your state’s laws to record the accident and initiate an investigation. The report will help you build a case and recover compensation.

Contact Your Insurance Company

Notify your insurance company as soon as possible, in accordance with the agreement in your contract. In most cases, you have 24 to 72 hours to contact them and file a UM claim.

Clearly state that it was a hit or miss-and-run accident and provide the accident’s date, time, location, and any information about the phantom driver and their vehicle. They may also ask for the police report or photos of the scene.

However, do not admit fault in any way. We recommend speaking to a personal injury lawyer and letting them talk to the insurer.

Consult with a Personal Injury Lawyer

Seek legal advice from a Chicago personal injury attorney specializing in auto accident cases. An attorney can protect your rights and options for compensation, saving you stress and resources.

The sooner you resolve the situation, the sooner you get compensated for your medical expenses and vehicle damage. At Rosenfeld Injury Lawyers, we work on a contingency fee basis, meaning we only get paid if we win your case. Our fee is a percentage of the compensation you receive.

We also offer a free consultation to help you understand your rights and legal options.

Secure Expert Legal Representation

Rosenfeld Injury Lawyers has decades of experience handling personal injury cases, particularly car accidents. We have recovered millions for our clients and know how to deal with insurance companies to protect you from lowball offers, unpleasant attempts to blame you for the accident, or minimizing your injuries and property damage.

A Chicago personal injury attorney from our team will increase your chances of recovering compensation by attempting to locate the phantom driver and, if successful, holding them accountable for their negligent and unethical actions.

If we cannot find the driver, we will explore alternative avenues to ensure you receive appropriate legal compensation for your injuries and damages.

Call (888) 424-5757 for a free consultation, or fill out our contact form.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.