A phantom vehicle refers to a vehicle involved in an accident that causes injury, death, or property damage without any physical contact with the insured person or their vehicle. These incidents often fall under the category of hit-and-run accidents. The term is particularly relevant in insurance contexts, where it is crucial for determining coverage in cases where the responsible party cannot be identified.
Phantom vehicles are primarily addressed in insurance law, particularly concerning uninsured motorist coverage. Legal practitioners may encounter this term in civil cases involving personal injury claims. It is essential for individuals to understand their rights and obligations when dealing with accidents involving phantom vehicles, as this can affect their ability to recover damages. Users may find legal templates from US Legal Forms helpful for filing claims or reporting incidents related to phantom vehicles.
Here are a couple of examples of abatement:
Example 1: A driver is sideswiped by a car that then flees the scene. The driver suffers injuries but cannot identify the other vehicle. This situation may qualify as a phantom vehicle incident.
Example 2: A pedestrian is struck by an unknown vehicle while crossing the street. If the pedestrian can provide evidence of the accident but cannot identify the vehicle, this may also be considered a phantom vehicle case. (hypothetical example)
ORS § 742.504 defines a phantom vehicle in the context of uninsured motorist claims. This statute outlines the criteria for establishing a claim involving a phantom vehicle, including the need for corroborating evidence and timely reporting of the incident.
| State | Phantom Vehicle Definition |
|---|---|
| Oregon | Defined under ORS § 742.504 with specific reporting requirements. |
| California | Similar provisions exist, but the definition and requirements may vary slightly. |
| Florida | Florida law recognizes phantom vehicles but may have different evidence requirements. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Hit-and-Run | An incident where a driver leaves the scene without providing contact information. |
| Uninsured Motorist | A driver who does not have insurance coverage at the time of an accident. |
| Underinsured Motorist | A driver whose insurance coverage is insufficient to cover the damages incurred. |
If you believe you have been involved in an accident involving a phantom vehicle, take the following steps:
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