Car accidents are never easy to deal with. Individuals who get into accidents often have to deal with repairing their vehicles, dealing with their insurance companies, and in some cases dealing with their injuries. Ascertaining fault can be challenging in any case but especially difficult when a phantom vehicle is involved. In these situations, the help of a qualified Miami attorney can make all the difference in your case. Robert Dixon has helped many South Florida clients understand their rights and get the compensation they deserve for their injuries.
A phantom vehicle refers to a vehicle that causes injury, death, or damage without making physical contact. Essentially, the term is used in the insurance industry to describe a vehicle that leaves the scene of the crime and is unidentified. The presence of a phantom automobile can make it very difficult to determine fault. It can also be a challenge to show that the phantom vehicle existed. Most uninsured motorist insurance policies will give customers coverage if they have been injured due to a phantom vehicle. However, there are often strict procedures about how a phantom vehicle claim can be pursued. Some of these procedures require filing immediately after the accident in a very short time frame.
In Millsaps v. Kaltenbach, the plaintiff filed a lawsuit against another driver, claiming that he was the cause of the accident that led to her injuries. The defendant answered and invoked an affirmative defense that he was attempting to avoid a collision with a third automobile when he hit the plaintiff’s car, and thus he did use reasonable care in the situation. The plaintiff eventually changed her complaint to reflect the negligence of the phantom driver and added a statement for uninsured motorist compensation under those facts. She later dropped that claim. Continue reading →