ninsured motorist coverage is statutorily required, it has to conform to the model policy that’s set out in the statutes and contains three basic things. One of them is if you’ve been hit by a motorist who you can identify but who has no insurance.
The Basic Uninsured Motorist Claim
It is your pretty basic uninsured motorist claim. The second one is the hit-and-run claim, and the third one is the phantom vehicle. With all three of these, the insurer or your insurer essentially steps into the shoes of the bad driver and pays for whatever you can show you are legally entitled to recover from the other driver. So that’s going to incorporate liability causation and damages from the tort law basics and involves all of the things that you need to prove with your basic injury case.
The hit-and-run coverage, the insurer is allowed by statute to add a few extra requirements. One of them being that the incident is reported to the police, the DMV, or some other listed agencies within 72 hours. They can also make you submit a statement on the road that you are going to make a claim. They can make you do that within 30 days. More commonly, they will simply have you fill out a written proof of loss and send that back to them along with the release of medical information so that they can get your medical records and bills.
The Phantom Vehicle Claim
The phantom vehicle is the third one, and what distinguishes the hit-and-run from the Phantom vehicle is whether or not there was contact between the two vehicles. So a phantom vehicle claim is going to be somebody who changes lanes and you swerve to avoid them and end up in Oregon, or somebody who does something which causes a rack and then departs the scene without any kind of contact between the vehicles. Again by statute, the insurer can add requirements to a phantom vehicle claim both the government reporting requirement, also the requirement to provide a statement within 30 days.
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The third thing that they can add is the unbiased witness requirement. So this is somebody who does not have a claim and can corroborate the insureds or the claimant’s version of events. That’s to make sure that you have somebody who will attest to the essential nature of what happened and I assume it’s essentially a fraud based thing to make sure that insurers are not getting defrauded. One thing that comes up in multiple person collisions with phantom vehicles, if there are multiple people one of those claims get settled that person can then act as the witness for the others involved in the collision. That is a gloss that was put on it by a court of appeals case from a few years ago. So this article has covered the basics of uninsured motorist coverage the basic uninsured motorist claim, the hit-and-run claim, and the phantom vehicle claim. I hope this useful.