If a car is swerving into your lane, it’s a natural reaction to want to avoid a collision by swerving or braking suddenly. What happens if an accident occurs between you and another vehicle in an attempt to avoid a crash in the first place?
Phantom Drivers
You tried your best to avoid a negligent driver but ended up crashing into another vehicle. This can be extremely frustrating because you know that the negligent driver caused you to do this.
We call these individuals “phantom drivers” because, most of the time, they are not aware of what their negligent actions caused and do not stop at the scene. Understandably, you probably also didn’t get down their license plate or other identifying information.
Similar to a hit-and-run situation, utilizing their insurance company may be out of the question, which means you will have to go through your own insurance company.
Notifying the Insurance Company
It’s important to notify your insurance company of the situation immediately. However, understand that when you notify the insurance company of a no-contact collision, they will be approaching the situation very skeptically. To protect themselves against fraudulent claims, they will try their best to deny your side of the story.
In some cases of no-contact collisions, the insurance company will use your uninsured/underinsured motorist coverage. However, not every motorist has this sort of protection.
Gather Evidence
These cases will rely heavily on the evidence that you and your personal injury attorney are able to collect. Essential pieces of evidence to prove a no-contact collision include:
- Witness statements (including from passengers in the car, other motorists, and pedestrians)
- Police statements
- Videos or photos of the scene
Cases of no-contact collisions can be difficult to prove in general, but even more so without the help of a seasoned personal injury attorney. The attorneys at Schurmer Reese Davies will help you navigate this process and gather the evidence for your insurance company.
If you’re injured in a car accident, contact our firm at (805) 470-1628 to discuss your options with one of our Oxnard personal injury attorneys.