What is a Phantom Vehicle?

Imagine yourself driving in the far right lane down Highway 55 in south St. Louis when a random vehicle swerves at your car, for whatever unknown reason, and forces you off the road. As you swerve off road your car crashes and you are injured, however, the random car continues down the highway without stopping. Under Missouri law, the random car is considered a “phantom vehicle” and should be covered under your uninsured motorist vehicle coverage. In other words, an injured party can make a claim under his or her UM coverage even if there was no contact between the two cars.

Obviously, evidence may be very limited in this type of case since the injured driver might be the only witness to the accident. Because this testimony may be self serving, your insurance company might be hesitant to immediately provide compensation for your injuries. While evidence may be limited, the Missouri Court of Appeals has held that an insurance policy requiring outside corroborating evidence beyond the injured drivers testimony is void and invalid.

It is important to note that this ruling by the Missouri Court of Appeals merely allows a claim to proceed to trial, regardless of the policy restriction. It does not mean that your insurance company automatically has to compensate you for your injuries. Post-accident statements, accident reconstruction, and police reports, while not required, are usually crucial evidence in these types of claims.

There are many different aspects of an uninsured motorist claim, and whether or not there is coverage may depend on the resolution of complex legal issues. If you or a loved one has been injured by the actions of a phantom or uninsured vehicle, contact Henderson & Waterkotte, P.C. at 314-645-4400 to discuss your options.