What To Do If A Phantom Driver Hits Your Motorcycle

Posted on: 20 January 2015

Most motorcycle accidents happen in front of other drivers or riders on the road. But if your accident occurred without any witnesses, and the driver who hit you mysteriously disappeared, you may have a problem on your hand. An attorney calls this person a phantom driver, or a person who leaves the scene of an accident without a trace. Although the phantom driver's disappearance makes it hard to prove your personal injury case in court, it's not impossible to win a settlement for your injuries. Here's what you can do to prove that a phantom driver caused your injuries.

Why Should You Hire an Attorney?

Phantom motorcycle accidents can occur on isolated roads, late at night or early in the morning. Usually, there's no other vehicles, pedestrians or witnesses around at the time of the incident. When your motorcycle accident claim lacks the proper witnesses, it's hard to prove to your auto insurance company that someone hit your motorcycle.

It's also difficult for your insurance company to go after the other driver for compensation. In any case, the insurer of your motorcycle may try to deny your claim right away. That's when you pop over here and allow your motorcycle accident lawyer comes into play. 

Can You Request More Time Before Making Your Insurance Statement?

Your motorcycle accident attorney may ask you to retrace your steps before and during the incident to help build a solid case for you. Retracing your steps may help you complete an accident insurance statement as well. But if you suffer from severe head injuries, this process in your case might seem difficult, especially if you can't immediately recall what happened that day or night.

Your attorney may ask your motorcycle insurer to give you a little more time to recover before you make an actual statement. If the insurance company refuses, your lawyer may take a legal stand and obtain permission from a personal injury judge instead. However, always discuss matters like this one with your attorney. He or she can help you understand what to expect in case your auto insurance provider gives you a hard time about your statement.

Once you recover enough to make a statement or give your attorney more details about your accident, try to recall things like these below:

The Color, Size and Make of the Vehicle That Struck You

If the street or road you traveled on that day or night has hidden cameras in the stoplights, your attorney may look through the footage to find a vehicle that fits the description of the one that hit your motorcycle. He or she may actually locate footage of the actual accident.

Keep in mind that if your attorney doesn't make a legal request to see or obtain a copy of the footage, the company or entity that owns the cameras may not voluntarily hand the footage over. The attorney needs a subpoena from personal injury court to proceed. Be as thorough as you can about the time and location of your accident to help the attorney request the right footage for your case.

The Stores and Businesses in the Area

Sometimes, stores and businesses have their own cameras installed on the property to deter crime. If the cameras record sound and images, there might be evidence of your motorcycle accident on the cameras. Your attorney may have the evidence subpoenaed for your case.

These are just two things you can try to recall to help your attorney out. But you must understand that the insurance company may try to block any type of video evidence that backs up your motorcycle accident claim. The company may want to reduce or deny your settlement to save money.

Your motorcycle accident lawyer is the best person to help you win your case. If you have questions about the phantom driver or insurance company, contact your attorney as soon as possible.