What is a Phantom Vehicle?

Most drivers have heard of “hit and run” accidents; a driver hits another vehicle and leaves the scene before anyone can identify the offending driver. However, there is another type of accident that drivers need to be aware of because of the very strict statutory requirements for reporting related to those accidents.

This type of accident can leave you with injuries and other damage but because the other driver is unknown, there is no individual or insurance company to hold responsible.

Fortunately, uninsured motorist coverage is a mandatory type of auto insurance coverage in Wisconsin, and your own UM coverage may be available to cover your damages and losses in a phantom motor vehicle accident case. Unfortunately, there are very strict requirements for the timely reporting of these types of losses, and if the requirements of the phantom vehicle statute are not met, you will find yourself without any recourse to recoup your losses.

Phantom Vehicle Defined by Statute

Section 632.32(2)(bh) of the Wisconsin Statutes defines what a “Phantom Motor Vehicle” is. If every one of the elements below exists, the motor vehicle is a “phantom motor vehicle;”

1.  The motor vehicle is involved in an accident with a person who has uninsured motorist coverage.
2. In an accident, the motor vehicle makes no physical contact with the insured or with a vehicle the insured is occupying.
3. The identity of neither the operator nor owner of the motor vehicle can be ascertained.
   If you were involved in a miss-and-run accident, and all of these criteria apply to the vehicle that caused your accident, you need to be extremely prompt in complying with the reporting requirements found in the Wisconsin statutes to preserve your right to pursue recovery under your uninsured motorist benefits.

Reporting Requirements After a Miss and Run Accident Involving a Phantom Motor Vehicle

Without the identify of the phantom driver, you will not be able to make a claim against the phantom driver or their insurer, because both are unknown. However, you may be able to make a claim under your own UM coverage, but you must meet all of the reporting requirements found in section 632.32(2)(g)2. of the Wisconsin Statutes, to do so.

• Someone other than you must corroborate your claims regarding the phantom vehicle causing your accident, and the corroborating individual cannot make his or her own claim against your uninsured coverage as a result of the accident;
• You must report the accident to the police within 72 hours of the occurrence;
• Within 30 days after the accident, you must file with your insurer a statement under oath outlining certain facts.