When you are the victim of a hit and run driver the prospects of obtaining compensation for injuries sustained in the crash depend in large part upon whether you have “uninsured motorist” coverage, and the language that describes this coverage in your insurance policy. Many insurance policies that provide uninsured motorist coverage define “hit and run vehicle” as a “vehicle whose owner or driver cannot be identified and which strikes the insured, or the vehicle occupied by the insured, and causes bodily injury to the insured.” The word “strikes” has generally been construed to mean “physical contact” with the hit-and-run vehicle. However, sometimes there need not be a direct physical touching between the hit-and-run automobile and the insured automobile in all instances before the ‘physical contact’ condition is satisfied. If a substantial physical nexus between the hit-and-run vehicle and an intermediate object is shown and if the transmitted force is continuous and contemporaneous, as when one object hits a second impelling it to strike a third, then courts have found that ‘physical contact’, within the policy’s meaning, exists. What happens though if there is no physical contact, and the hit and run vehicle swerves away at the last minute, yet causes a collision? Generally, the law is that if another vehicle swerves into your path and to avoid being hit you strike a curb and lose control, then you may have an uphill battle proving that you should be entitled to insurance coverage. While this rule may seem harsh, it is designed to prevent fraud. – Never hesitate to consult one of our attorneys if you need help to better understand your legal rights.
Disclaimer: This website contains Advertising Material. The website owner is not rendering legal or professional advice and assumes no liability in connection with its use. Information contained in or linked to this website regarding past litigation results must NOT be considered predictive of future success. For the methodology used to confer a noted award or accolade, please go to the website of the issuing organization. Awards and accolades using a superlative (e.g. super or best) are not meant to imply that attribute, but rather to convey the name of the issuing organization. No court has approved any aspect of any advertisement on this website or linked pages. E-mail, chats or info requests may not be secure. Outbound links are for convenience and we do not endorse and are not responsible for linked content. We disclaim liability for any damage resulting from a virus or malware acquired via this website or a link.