Resolving a UM claim is similar to a standard car accident claim. Your insurance company covers your claim, and you’re entitled to the same compensation you would receive if the at-fault driver were identified.
Recovering Damages from “Phantom Vehicle” Accidents
Sometimes, the at-fault driver leaves the scene without contact – we refer to this as a “phantom vehicle” case. This could occur when another vehicle forces you off the road, and the driver may not even realize they caused an accident. In Maryland courts, physical contact is not required for an accident to be considered a “hit and run” and the injured party may file a UM claim against their own policy (or the policy of the employer if the vehicle is employer-owned) to seek compensation for damages.
Luckily, the evidence in these cases is typically the testimony of the victims and the witnesses, and since the at-fault party fled the scene, they likely won’t be in court to defend themselves. Hence, proving a hit-and-run claim usually relies on the word of some against none.
The Importance of Evidence
In both hit-and-run and phantom vehicle cases, proving the at-fault driver caused your injury is the victim’s burden. You’ll need evidence to support your claim, such as:
- Witness Testimony: If anyone witnessed the accident and can describe the hit-and-run driver or vehicle, their testimony can be very valuable. The more details the witness can recall, such as the car’s make, model, color, license plate number (even partial), or any unique features, the stronger the evidence.
- Security Camera Footage: In today’s world, many areas have security cameras, including traffic intersections, gas stations, and businesses along roadways. If the accident occurred in an area with surveillance, footage might capture the hit-and-run vehicle or the incident itself.
- Dashcam Footage: If you or another driver involved in the accident had a dashcam recording, it could provide crucial video evidence showing the hit-and-run and potentially capturing details of the vehicle.
- Physical Evidence: This can include debris left behind at the scene, such as paint chips, broken glass, or pieces of trim, that could potentially match the hit-and-run vehicle. Scuff marks or damage on your vehicle consistent with the accident can also be documented.
- Police Report: A well-documented police report detailing the accident scene, witness statements (if any), and the investigation can be helpful evidence.