Re: phantom driver cases

Your case presents a classic conflict between two insurance companies--yours and that of the driver who struck you. His company will refuse to offer a settlement of your claim because they will feel bound to accept his version of the accident, which is that he wasn't at fault. They are only bound to compensate you for your losses upon your establishing fault on his part.

If the "phantom" is at fault, you are entitled to recovery under your uninsured motorist coverage. However, your carrier will be dubious about the presence of the phantom (and his causing the accident) unless you are lucky enough to have a non-involved witness.

Of course, both drivers could be at fault, but you will have to establish the fault of each to recover. You will porbably have to file a suit against both the driver that hit you and your insurance company and hope that the facts come out sufficiently to resolve the issue. You should definitely seek the services of an experienced personal injury attorney to help you.

Re: phantom driver cases

First, your question indicates that you were "in Maryland" when the accident happened. Do you live outside of Maryland? If so, it would be helpful to know where you live.

Your question reveals that there are several potential sources of "liability" for this accident, including the phantom and the driver of the vehicle who struck your vehicle (and possibly others, that I will not get into here).

I understand you are seeking an answer of "who is at fault," but really, unless the insurance company you are dealing with agrees with your analysis of who is at fault, it would be a question for a judge, and the answer is not that clear cut. In other words, there could be an argument either way. From your question, it would most likely seem to be a question of whether the other driver's liability coverage or uninsured motorist coverage should pay. However, keep in mind, that this response is limited to the facts you have provided, and there may be more details that I am unaware of which would affect my response to you.

If I were in your position, the first thing I would do is contact an attorney. The reason for this is that if you contact the insurance company, they may advise you you do not require an attorney, and then all statements you make to the insurance company will potentially be used against you in making your case. Having an attorney can prevent this, as an attorney knows what information should and should not be disclosed.

You should acquire all records of your medical treatment, and submit them to your attorney, or have your attorney acquire the records. If you are not finished treating, it is most likely inappropriate to discuss the settlement of your claim (there are few exceptions to this).

Because your claim involves uninsured motorist coverage, it is unlikely the claim will settle. It is not impossible, but statistically speaking, uninsured motorist claims are less likely to settle, especially when they involve a phantom driver. It is more likely that you will need to file a lawsuit in Maryland. You will definately need an attorney for this. Uninsured Motorist claims, which are relatively "routine" for attorneys, require specific rules to be followed which are very difficult for even the most intelligent layperson to understand and correctly follow.

Many attorneys will take this type of case on a "contingent" basis, meaning that you would not have to pay the lawyer until they won your case.

Jamie Marthaler, Esq.

jmartha@hotmail.com