Nearly everyone is familiar with a hit-and-run, even if they haven’t experienced such an accident themselves. It’s a frustrating incident that makes getting compensation even more complicated than it already is because the other driver left the scene, making it challenging to track them down to hold them liable. While hit-and-runs are complicated accidents, another type of accident can be even more complicated and is less known—a miss-and-run accident. Unlike a hit-and-run accident, in a miss-and-run, the other car never comes in contact with your car, meaning there is little to no evidence that the other car was there at all.
What Is a Miss-and-Run Accident?
The term miss-and-run refers to accidents where another driver is seemingly about to hit you, making you react in an evasive maneuver that can lead to you hitting another car or object on the road. In this accident, the other driver didn’t hit you. Instead, they missed hitting your car and then sped away from the scene even though you did collide with something. While they are still technically at fault for the accident, the lack of contact with your car or other drivers can make it very challenging to recover compensation.
The average, reasonable individual would attempt to veer out of the way to avoid colliding with a vehicle that appears to be about to hit them. However, these responsive and uncalculated sudden maneuvers will likely result in a collision with a different vehicle or fixed object. While these accidents wouldn’t have occurred if not for the negligence of the first driver if they fled the scene, you may not know who is liable for damages.
Who Is At-Fault for a Miss-and-Run Accident?
Since there was no contact and there is often very little evidence of the initial driver’s existence, it can make proving you weren’t at fault for the accident very difficult. Additionally, irresponsible drivers have been known to file false miss-and-run claims when they were, in fact, responsible for the accident due to their own negligence and reckless behavior. Due to these factors and the fact that insurance companies put their own profits over the care of their clients, if you are trying to file a claim, insurance companies will often offer you substantially less than the value of your claim or deny your claim altogether.
However, even if the at-fault driver flees the scene, you may be able to recover compensation for the accident through your own auto insurance if you carry uninsured motorist coverage. Under the coverage of uninsured motorists, the following types of accidents are covered:
- Accidents in which the other driver doesn’t have insurance
- Miss-and-runs (sometimes referred to as phantom driver accidents)
While you have the right to file a claim and ask for compensation, you will still be responsible for the burden of proof. You will need to prove that the other driver forced you into the maneuver, which caused the accident.
How to Prove You Were Involved in a Miss-and-Run Accident
Like with most kinds of accidents, it’s important to gather as much evidence at the scene as possible. You can gather evidence by speaking with potential witnesses or taking photos of the scene. When the police arrive at the scene, you should give as much information and details as possible to help track down the at-fault driver. Furthermore, even if the police can’t help track down the driver, they can provide support for your uninsured motorist claim.
The sooner the accident is investigated, the better. After ensuring your safety and speaking with the police, you should contact a Colorado car accident lawyer. An attorney will have the background, skills, and resources to conduct a thorough investigation of the accident to help gather evidence and support your claim, so you can recover maximum compensation.
Recover Full Compensation With Mintz Law Firm’s Colorado Car Accident Lawyer
You should not have to pay for the mistakes of others. If you’ve been in an accident caused by a negligent driver who fled the scene, Mintz Law Firm can help. Our personal injury lawyers have the skills, experience, and resources to help prove the accident was not your fault and help recover the compensation you deserve.