Everyone knows about the horror of a hit and run. You are driving back home from work, doing your best to be responsible and safe, when another driver suddenly comes veering towards you and slams into your car. Before you can get out of your car and demand to know who the driver is, they speed away. You are left not knowing who is responsible for the damage to your car, your injuries, or your emotional trauma.
But if the other driver never actually hit your car? What if they missed, but still managed to cause an accident?
What Is a Miss and Run?
You may have never heard of a “miss and run.” This term refers to when another driver seems like they are going to hit you, causing you to take evasive maneuvers, which may result in you hitting another car or an object in the road. However, unlike a hit and run, the at-fault driver never actually hits you, and instead misses your car, before speeding away from the scene of the accident. While they are still the one at fault for your collision, they never actually collided with you or any other driver.
When it seems as though you are about to be struck by an oncoming car, the average, reasonable person would try to veer out of the way. These uncalculated sudden twists and turns, however, are likely to result in a collision with a different driver or with a fixed object. Neither of these collisions would have likely not happened if it weren’t for the first, negligent driver. However, even with that in mind, the question becomes: who can be held liable for your accident?
Who Is at Fault for Miss and Runs?
This kind of accident can get a bad rap, especially if you were only driven off the road or hit a fixed object. There are some irresponsible drivers who file false claims about phantom drivers who drove them off the road, when in actuality they were the ones at fault, either because they were distracted or intoxicated. Unfortunately, these few bad actors can make proving that you weren’t at fault difficult, especially if you are trying to file a claim. Insurance companies often put their own profits over the care of their clients. This means that even if you are in the right, the insurance provider you are filing your claim against is likely going to offer you an insultingly low settlement or deny your claim altogether.
Miss and runs are covered by uninsured motorist (UM) policies. These policies are designed to cover accidents involving drivers who do not have insurance, hit and runs, and phantom drivers, which include miss and run accidents. If you have a UM policy, then you are well within your right to file a claim and ask for compensation. Of course, the burden of proof still rests on your shoulders and you may have to prove that another driver forced you off the road.
After any type of car accident, including a miss and run accident, you should always gather evidence. You can do this by speaking with witnesses, taking photos of the scene, and looking for any security footage of what happened. Furthermore, when you contact the police, you should give them a description of the at-fault driver and their car, if possible. In the best-case scenario, you may be able to remember their license plate number, or even just partially remembered it, which can help the police quickly track down the perpetrator. Even if they cannot find the at-fault driver, the police report can help support your UM claim.
Of course, if you are recovering from severe injuries, gathering evidence and speaking with police may be the last thing on your mind. That is why you need the help of a Colorado Springs car accident attorney at The Bussey Law Firm, P.C. to do all the legal heavy lifting for you. Our team knows how to run a thorough auto accident investigation, collect evidence, and deal with an insurance company involved in your case. To schedule a free consultation, call our firm at (719) 401-0585 today.