It may seem that no-contact accidents are no big deal and that the vast majority of people whose vehicles never actually touch other vehicles in these accidents are “luckier” than victims of regular car crashes in which two or more vehicles collide. In reality, no-contact accidents can be just as disastrous and deadly.
But surviving a no-contact accident is half the problem. The other half is proving that you are entitled to compensation. Our Pittsburgh no-contact accident attorney at Shenderovich, Shenderovich & Fishman explains that insurance companies in Pennsylvania tend to be suspicious of someone trying to recover damages after a no-contact accident, in which the claimant’s vehicle never actually collided with another vehicle.
You are considered lucky if you are able to identify the other motorist after a no-contact accident. That’s because in many no-contact accidents, the other motorist flees the scene, making it look as if you were in a car accident with a “phantom driver.” In other such accidents, the at-fault motorist stops at the scene, but refuses to admit fault.
That’s why seeking help from an experienced no-contact accident attorney in Pittsburgh or elsewhere in Pennsylvania is important to collect sufficient evidence to identify the fleeing driver, or collect evidence proving that the other motorist was negligent and caused or contributed to the accident.
Being in a no-contact accident does not automatically make you at fault and responsible for all your damages and losses. Many victims of no-contact accidents fail to realize this, thinking that the other party cannot be held liable just because their vehicles never touched one another.
Indeed, proving the other motorist’s fault in this scenario may be tough, but that’s the only way to seek reimbursement for your damages and losses. Otherwise, you would have to pay for your medical expenses and other damages from your own pocket.
However, just because the other motorist did not flee the scene and can be identified after a no-contact accident does not necessarily mean that your personal injury claim will succeed. You will still have to prove that the other driver breached the duty of care due to negligence, carelessness, or recklessness.
You will also have to prove that your own actions did not constitute negligence. If you were partially at fault for causing your no-fault accident, your compensation will be reduced by the percentage of your own negligence. Pennsylvania is a modified comparative negligence state, which means multiple parties may share liability for the accident.
Unfortunately, the risk of getting your personal injury or property damage claim denied by insurance companies is much greater when you are trying to recover damages after a no-contact accident, because you will need to have compelling evidence proving the other motorist’s fault if your vehicles never actually collided.
That’s why it makes sense to hire a skilled car accident attorney in order to establish liability, gather sufficient evidence, and demonstrate proof that you are entitled to compensation for your injury, damages, and losses.