I Was Injured In A Hit And Run Accident, Now What?
Here at Layman Law Firm, P.L., we receive many telephone calls from people who have been involved in hit and run accidents. These hit and run accidents usually take one of two forms. First, would be the typical hit and run accident where two cars collide and the driver of the at-fault vehicle flees the scene. The second most frequent type of hit and run accident involves where there is no direct contact between the two vehicles but the at-fault driver's actions force the injured party to crash. This type of accident can occur due to being forced off the road, cut off while driving, etc.
Most people who have been the victim of a hit and run accident believe that if they do not know the identity of the driver of the other vehicle and cannot contact his/her insurance company, they are simply out of luck. This is not necessarily so. There is a body of law in Florida known as phantom motorist law. This body of law encompasses both types of accident scenarios described above.
First and foremost, in order to maintain a phantom motorist claim in Florida, the injured party must carry uninsured motorist (UM) coverage. If no UM coverage is available, the injured party will not be able to maintain a phantom motorist claim. Secondly, your UM policy may impose other procedural requirements on you in order to maintain a phantom motorist claim. Most policies require that the injured party notify the police or other law enforcement agency and the insurance company within a time certain. Additionally, the insurance company may also require you to submit to a recorded statement and or examination under oath (EUO) in order to verify your claim. You must cooperate with the insurance company or your claim will be denied. Although you must cooperate with the insurance company by submitting to the recorded statement and/or EUO, you should have an attorney present to represent your interests.
If you have been involved in a hit and run accident, contact Layman Law Firm, P.L. for a free consultation.