Ward and June were taking a leisurely drive between Honesdale and Hawley on Route 6 when a large pickup truck heading in the opposite direction entered their lane of travel. Ward had no option but to steer as hard as he could to the right, causing the vehicle to go off the road and eventually impacting with a tree. Unfortunately, both Ward and June suffered severe injuries.
The operator of the vehicle that caused the accident never stopped nor were the police ever able to identify it.
Issue: Do Ward and his wife, June, have any recourse?
Answer: Yes. Fortunately, Ward was wise enough to cover uninsured motorist protection on his own vehicle.
In cases such as this where there is an accident caused by a phantom vehicle, Ward will be able to make a claim against his own insurance policy for his pain and suffering as well as June\’s. The amount that Ward will be able to claim up to will depend upon how much coverage Ward paid for. This type of coverage is very inexpensive and all drivers should obtain at least $100,000 for uninsured motorist coverage.
Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.