Whether you are involved in an auto accident with a Phantom vehicle, Uninsured vehicle, unknown Hit & Run, a vehicle and driver with No Bodily Injury Liability (BI) coverage or a vehicle or driver with Not enough BI coverage, you need Uninsured Motorist (UM) coverage.
If you are forced off the road or cut off by a turning vehicle that keeps going and no impact occurs, an unknown phantom vehicle has caused your accident. A phantom vehicle is one that never hits you but causes you to take evasive action leading to a crash with property damage and/or injuries to you or to any passengers in your vehicle. When the phantom vehicle is never identified, who pays for your injuries and damages to your car?
Accidents involving phantom or unknown hit & run vehicles require prompt and careful investigation. Many times, eyewitness testimony is critical to verify the details of what you may or may not have seen yourself. These cases may even require an accident reconstruction expert to verify that what you and the witnesses say happened, reasonably occurred in that manner.
Your own automobile policy is your only opportunity for paying the medical bills incurred in said accident as well as any pain and suffering sustained in an accident caused by a phantom or unknow hit & run vehicle. One’s own No Fault or Personal Injury Protection (PIP) coverage will pay your medical bills under Florida No-Fault Automobile law. Collision coverage in your auto policy will pay for the damages to your vehicle. If you are injured, your bodily injury claim (pain, suffering, disability, lost ability to work) would need to be recovered under an Uninsured Motorist Coverage
(UM) on your automobile policy.
Most auto insurance policies will have a specific definition for what is a phantom vehicle under the terms of the policy. You will have to prove you were injured by a phantom vehicle that falls within the description in your policy.
The same can be said regarding accidents involving an at fault vehicle, which is uninsured as well as and an unknown Hit & Run vehicle.
A slightly different scenario exists if the responsible third party or other vehicle has the minimum coverage required by Florida law, which is PD Liability and PIP coverages. Those coverages will take care of that driver’s own medical bills (i.e., PIP) and it will take care of your Property Damages claim (i.e., damage to your vehicle that said driver caused-PD Liability).
Finally, there is the situation where you sustain significant injuries and the at fault other vehicle merely has a minimum $10,000.00 BI coverage, which is insufficient to cover your claim. If you have UM coverage, and the other party offers it policy limits, following required procedures under Florida law & under your own automobile policy, your UM becomes UIM or Underinsured Motorist coverage and can be stacked on top of the at fault party’s BI policy limits. An example would be if you have $10,000 in UM/UIM coverage, and the at fault other party has $10,000 BI coverage, you could potentially recover $20,000.00.
One cannot adequately emphasize the importance of having UM on your automobile policy. When shopping for insurance directly or through an Agent, you must clarify and itemize the coverages since the term “Full Coverage†has a different meaning among the consuming public and the insurance industry. Usually, the insurance industry says “full†to mean what is required by state law and in Florida that means only PIP & PD Liability coverages, & that’s it! You must itemize the coverages you want and inquire as to their cost. UM coverage can protect you from the multitude of drivers and vehicles on Florida’s roadways that have minimal or no insurance or are unknown phantom or hit & run vehicles.
If there are any additional QUESTIONS regarding the foregoing matters, contact or call the Attorneys at CASERTA & SPIRITI before an unfortunate and unexpected accident occurs!!