Not every car accident involves a direct hit. In some situations, the reckless move of another driver forces you to swerve, slam the brakes, or take evasive action, leading to a crash. The other vehicle? It disappears. Without the confirmed identity of the at-fault driver, you might assume that you’re out of options to recover damages.
However, that’s not necessarily true. With uninsured motorist (UM) coverage, you can still secure compensation, but only if you act fast and gather the right evidence. Let our local Muskegon car accident attorney guide you on what evidence you need and the immediate steps to take after the accident to prove your claim.
What Counts as a Phantom Vehicle Under Michigan Law?
A phantom vehicle is a vehicle that causes an accident but never actually hits you. There’s no physical contact, but the actions of the other driver, such as cutting you off, swerving into your lane, or braking suddenly, force you to react and crash. The unidentified at-fault driver keeps going, leaving you to deal with the aftermath. These accidents are sometimes called “miss-and-run.”
Under Michigan law, if you have an uninsured motorist (UM) policy, it might provide coverage for phantom vehicle accidents. However, most UM policies have strict language requiring independent corroboration. That means it’s not enough for you to say another vehicle caused your crash—you need a third-party witness or solid proof that supports your version of events.
The corroboration requirement exists to prevent fraudulent claims. After all, without evidence, it’s difficult for insurers to determine if a phantom vehicle was involved or if a driver lost control. Without proper documentation secured early, even honest drivers can have their claims denied. That’s why it’s important to know what qualifies as evidence and how quickly you need to act to preserve it.
Critical Evidence You Must Secure Within Hours
The clock starts ticking as soon as the phantom vehicle crash happens. Gathering evidence right away can be the deciding factor in whether your personal injury claim is approved or denied. Here are the most critical types of evidence you need to secure:
Dash-Cam or Traffic-Cam Footage
If you have a dash camera, immediately save the footage. It can visually show how the phantom driver cut you off or caused your evasive maneuver. Moreover, traffic cameras in the area might have relevant footage. But the sooner you request a copy, the better. Many cameras automatically overwrite data within 24 to 72 hours.
911 Call Logs and Police Reports
Always call 911, even if you’re not seriously injured. The call log creates a time-stamped record of the crash, your location, and your report about the phantom vehicle. Request a police officer to take an official report. Even if the other driver is unknown, documenting your statement at the time helps build credibility and support your claim.
Eyewitness Statements
If anyone saw the crash or the phantom vehicle, ask for their name and contact information right away. Better yet, ask them to write a brief statement or speak to the responding officer on the scene. Independent eyewitness affidavits are one of the strongest forms of corroboration required by Michigan insurance companies.
Event Data Recorder (EDR)
Many modern vehicles are equipped with Event Data Recorders that store technical vehicle details, such as speed, steering angle, and braking patterns, in the seconds before a crash. If your car suddenly swerved or braked hard to avoid a phantom vehicle, the EDR downloaded information can confirm your account of what happened.
Expert Witnesses Testimonies
Expert witnesses can testify that your reaction was reasonable under the circumstances. For instance, a qualified reconstruction expert can show that your actions made sense to avoid a sudden danger, shifting the blame back where it belongs—the phantom vehicle driver. That makes it harder for your insurer to deny your UM claim.
Navigating UM Coverage & Comparative Negligence Traps
If you’re making a phantom vehicle claim under your uninsured motorist (UM) coverage, you might assume your own insurance company will be on your side. Unfortunately, that’s not always the case. Even your own insurer might challenge your version of events, especially when there’s no visible damage from another vehicle.
Be careful with recorded statements to your insurer. While you have a duty to cooperate, insurance adjusters often look for inconsistencies in your description of the crash. Something as small as misstating the timing of events can be used to question your credibility. That’s why it’s often a good idea to consult a Muskegon car accident attorney before giving a statement.
Most UM policies have strict timelines requiring you to report the accident within a certain number of days, sometimes as short as 30 days. If you delay, your insurer can use that against you and deny coverage. Always notify your insurance company as soon as possible, even if you’re still waiting on police reports or witness statements.
Moreover, Michigan follows a modified comparative negligence system, meaning your compensation can be reduced, or even denied, if you’re found more than 50% at fault. Insurers might argue that you oversteered, failed to maintain control, or reacted recklessly. Understanding these tactics early can help you counter them with strong, documented evidence.
Let Shafer Swartz, PLC Prove Your Phantom Vehicle Case
Phantom vehicle accidents can be challenging to prove. With no physical contact and no identified driver, you need strong evidence, careful handling of insurance requirements, and a strategy to counter the arguments insurers often use to deny coverage. Let Shafer Swartz PLC advocate on your behalf.
Our competent Muskegon car accident attorney knows how to build a compelling case, ensuring your rights are protected and your claim gets the attention it deserves. Contact us today at (231) 722-2444 or here to schedule a consultation. We’re ready to help you secure the compensation you’re entitled to.