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Determining Fault After a Phantom Car Accident

Even if you are a safe driver, sometimes other drivers can be unpredictable, like a phantom car accident caused by a hit and run driver. With this type of accident, it might not be so easy to prove fault. The important action to take following an accident with a hit and run driver is to act right away if you have found yourself in a phantom car accident with an unpredictable driver.

Example of How a Phantom Car Accident May Take Place

Often phantom car accidents are caused because the driver was at-fault and lost control of the vehicle s/he was driving. Examples of how an accident can occur include:

  • driver is under the influence of drugs and/or alcohol;
  • driver is suffering from fatigue and fails to pay attention to the driving;
  • driver is distracted by an electronic device like a mobile phone;
  • driver is deliberately driving recklessly which causes a phantom car accident as s/he flees the scene of the car accident.

Damages that Might Occur in a Phantom Car Accident

Depending on the speed at the time of the phantom car accident the damage that might be caused could include damage to the car involved in the accident, damage to personal effects inside the car and injuries to the driver and passengers. All these can be included in a PI claim. On top of that amount you can expect to receive in damages the cost of all medical treatment, a percentage of loss in wages while unable to work and an amount calculated for pain and suffering. Lastly, punitive damages may be included in the PI claim if you have the proof the phantom driver went out deliberately to cause the accident.

How to React in a Phantom Car Accident

As soon as the accident has taken place and the at-fault driver has quickly left the scene of the accident, you should make sure you are safe and receive the necessary medical treatment. You should then start to gather evidence to prove who caused the accident. The sorts of evidence that is most useful in this type of car accident include:

  • exchanging information with other drivers near the scene of the phantom car accident;
  • taking photos of the accident scene including, if possible, the phantom driver hurriedly escaping from the accident site;
  • accessing surveillance camera footage, if available;
  • asking eye-witnesses for full accounts of the accident;
  • asking the attending police officer for the police report;
  • providing a medical diagnosis from your doctor with anticipated recovery time;
  • providing the car repair bill;
  • providing receipts and invoices for medical treatment.

Determining Fault After a Phantom Car Accident

Speak With an Attorney

Even though you may think that you have a clear case for proving fault in a phantom car accident, that is not necessarily how the at-fault drivers insurer sees it. Having a PI attorney working on your behalf may help you win a better PI lawsuit because the insurer will be less likely to defer a claim from being filed. This means you are far more likely to win a favorable PI claim than if you took on the insurer on your own.

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