Personal Injury

Catch Them If You Can – Phantom Vehicles in Florida and What They Mean for Your Personal Injury Case

By April 23, 2015No Comments

Imagine the following scenario: two motorcyclists are riding down the interstate when an unidentified SUV abruptly changes lanes in front of them.  Both motorcyclists swerve to try and avoid the van, driving into the median.  One of the motorcyclists runs directly into a tree and is tragically killed, while the other sustains serious injuries.  This is the devastation that can be caused by a phantom vehicle.  For those unfamiliar with what a phantom vehicle is, this term is used to refer to a vehicle that causes bodily injury, death, or property damage to an insured vehicle, but has no physical contact. You can check here to learn about surplus lines insurance and other insurance solutions.

The many ramifications of getting into a car accident (consider Bengal Law for attorney help) such as money spent on vehicle repair, dealing with insurance agencies, and in some cases, dealing with injuries, are difficult enough to deal with. When a phantom vehicle is involved, it can be especially difficult to ascertain fault. It can also be challenging to show that the phantom vehicle even existed. Most uninsured motorist (UM) insurance policies will give customers coverage if they have been injured due to a phantom vehicle. UM coverage is not required by Florida, but having a UM policy in place could drastically improve your chances of collecting damages for injuries from accidents caused by phantom vehicles. There are lawyers that are defending against underage DUI charges for one that is affected by drunk driving incidents.

Even without physical contact, a UM claim can be brought, barring the accident was reported in a timely fashion (some insurance companies require they be reported within 24 hours).  However, there are often strict procedures about how a phantom vehicle claim can be pursued. Insurance companies often require some degree of confirmation that another vehicle was the cause of the accident.  Without evidence of impact or fault, such as that provided in a hit-and-run case, this can be tough to prove. Lawyers at Jiles Law, P.A. have helped clients avail insurance in such complicated situations. Therefore, it is important that you look for the right legal support.

One important thing to remember is to document as many details as possible related to the scene and how the incident occurred.  Take specific notes of anything you recall about the phantom vehicle – like the color, make and model. If you are able to take photographs or a video of exactly where the incident occurred and what you had to do in an attempt to avoid impact with the phantom vehicle, this information maybe helpful to your case.

If you or someone you know is injured in an auto accident caused by a phantom vehicle, you should consult an experienced attorney as soon as possible. An experienced lawyer may be able to help prove liability and get the full amount of compensation you deserve.  Contact TJ Grimaldi at McIntyre Thanasides Bringgold Elliott Grimaldi & Guito, P.A. today.

TJ Grimaldi

TJ Grimaldi

TJ Grimaldi joined McIntyre in 2011. McIntyre recruited TJ to create the divisions of personal injury and family law, as well as to expand the existing criminal defense practice at the firm. During TJ’s tenure at McIntyre, he has helped oversee and grow these practice areas. He continues to practice in these divisions while also expanding his own practice areas to include estate planning and immigration law. TJ is admitted to practice before the Supreme Court of Florida and the United States District Court for the Middle and Southern Districts of Florida.