When you are hurt by a hit and run driver your own car insurance should kick in to help pay for your injuries caused by the hit and run driver. This is called “Uninsured Motorist Coverage.” It is part of your own Utah car insurance, but can be waived in writing under strict conditions. Additionally if you are hit by another car and that person did not have car insurance, then your uninsured motorist coverage will cover your injuries caused by the uninsured offending car.
There are two types of hit and run drivers:
First, the hit and run driver that actually crashes into your car causing damage.
Second, the hit and run driver that causes your car to run off the road causing you injuries–but there was no contact between the cars.
When the hit and run driver touches your car a preponderance of the evidence standard applies–or a more likely than not proof is required. When the hit and run driver does not touch your car, but that driver’s conduct caused your car to crash, insurance carriers will often deny your claim and demand a higher proof burden applies–clear and convincing.
Here is the Utah Code provision that insurance carriers rely upon to deny your uninsured hit and run driver claim.
“When a covered person alleges that an uninsured motor vehicle under Subsection (2)(b) proximately caused an accident without touching the covered person or the motor vehicle occupied by the covered person, the covered person shall show the existence of the uninsured motor vehicle by clear and convincing evidence consisting of more than the covered person’s testimony. Utah Code 31A-22-305(6).”
When involved in a car wreck you should protect your legal rights and call Attorney Jacob S. Gunter. Uninsured or phantom driver claims are often denied by insurance carriers because the injured party did not get an attorney to fight for them.
Attorney Jacob S. Gunter primarily practices personal injury car accident state wide in Utah. He has been an attorney since 2005 regularly tries lawsuits when needed. www.provolawyers.com. www.gunterinjurylaw.com.