Liability in No-Contact Accidents
Posted on Feb 17, 2014 4:13pm PST
No contact accidents are collisions that involve more than one car but the cars don't collide. For example, if you are driving when a car speeds and cuts you off, it may cause you to slam on your breaks. As a result, you may skid across the road, hitting the side barrier. This would be a no-contact accident. The vehicle that cut you off caused the accident, but did not ever contact your car. It is very important that you get the driver's license plate number when one of these no-contact accidents occurs. If you don't get the driver's plates, and he or she doesn't stop, it may be difficult to prove liability.
If you don't get any information from the driver that caused your accident, then it will be considered a "phantom driver." This is a common circumstance in many car accidents. You will want to contact your insurance company after the crash and talk about the phantom driver. Phantom drivers should fall under uninsured motorist coverage. You will want to investigate your state's underinsured/uninsured motorist insurance requirements. You will want to check and see what your insurance policy has to say, and whether or not you have any corroborating witnesses that could help you with your case.
Corroborating witnesses are almost always required in no-contact accidents. This witness will need to testify that he or she saw the accident occur. In most cases, at least one party will stop to help the individual injured in the no-contact accident, and can act as the witness. Yet there are times that there may be no other drivers that were involved in the accident or saw it happen.
Most often, the corroborating witness has to be an independent third party. For example, your spouse may have been in the car with you at the time of the accident. He or she would not count as a corroborating witness because he or she cannot be unbiased and independent in the matter. Sometimes passengers such as coworkers or friends can count, but other states or insurance companies may claim that these individuals don't count as corroborating witnesses.
If you do not have a corroborating witness in your case, your state's laws may be of an advantage to you. Most states require that insurers include coverage for uninsured or underinsured drivers so that the victim of the accident won't be ruined by another motorist's reckless behavior. Normally, the coverage for these situations is minimal. Some states even have laws that require there must be physical contact between vehicles. In these situations, you may be at a loss as to how you can seek compensation.
If you were in a no-contact accident, then you may want to call a car accident attorney for assistance. A skilled lawyer can help you to get the assistance that you need and fight for compensation in your no-contact accident. You may need to explore creative solutions or investigate thoroughly to see if you can locate a witness. Call today to get more information!