Can an unsubstantiated claim of hit-and-run change the liability?

Answer

Insurance companies are funny about "phantom vehicles." Some ignore them entirely, while others base their entire liability decisions on them. (My feeling is that unless there's substantial proof, like damage on a vehicle struck by a "phantom," they should be ignored).

If you have full coverage on your vehicle, go ahead and make a claim. Your insurance company can then do all the grunt work for subrogating and/or arbitrating the motorcyclist's carrier (fancy terms for getting their money and your deductible back). Your insurance company shouldn't consider this accident an "at-fault" loss, though sometimes that has little to do with your rates being affected.

If the reporting officer included a statement on his police report that he saw no evidence of clipping to the motorcycle, your insurance carrier has a good chance of winning the claim if it goes to inter-company arbitration. Arbitration is a way of keeping minor claims like this from clogging up the court system, but it's also at the discretion of your carrier. More than likely, though, if your carrier feels it has a good case, it will pursue arbitration.

And, if you don't have full coverage, you'll have to pursue the claim via small claims court. It'd be worth it, and it's also a good learning experience. :)

Good luck!

First answer by Suz. Last edit by Allen B.. Question popularity: 154 [recommend question]

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