“ I don’t know who hit me or forced me off the road – do I have a case? “

We often represent clients in both West Georgia and East Alabama who are victims of a hit-and-run driver who flees the scene of the wreck, never to be found. Clients who have property damage and bodily injury from such wrecks often want to know if anything can be done in these situations. These cases are known as “John Doe” cases or “phantom vehicle” cases.

Whether or not a client can recover in a John Doe case depends first and foremost on whether there is available uninsured motorist coverage to cover the loss. In fact, in our view, these type of wrecks are one of the primary reasons to go beyond “full coverage” i.e., the state minimum of 25/50 in liability coverage. If there is no uninsured motorist coverage available, you may be stuck without recourse for you property damages and bodily injury.

However, if you have such uninsured motorist coverage, you may have a claim for property damage and bodily injury in John Doe cases.

Unfortunately, insurance companies in some states have designed a system that impedes an injured party’s ability to seek uninsured motorist coverage in John Doe cases. In Georgia, generally speaking, in order to make such a claim on your uninsured motorist coverage, there must be one of the following two critical elements: (1) physical contact between the john doe vehicle and your vehicle; or (2) corroboration from another person that can state that there was indeed an accident involving a John Doe vehicle. The stated rationale for these elements are to prevent fraudulent insurance claims. In other words, the Georgia Courts are going to err on the side of favoring the big insurance company rather than the little guy.

Compare this to the situation in Alabama. Generally speaking, the Alabama Supreme Court has held that neither physical contact nor corroboration are needed to make a “John Doe” claim. Walker v. Guide One, 834 So. 2d 769 (Ala. 2002) (no corroboration needed um claim); State Farm v. Lambert, 285 So.2d 917 (Ala. 1973) (no physical impact needed for um claim). Alabama’s Supreme Court has reasoned that by enforcing physical impact or corroboration, someone with a valid um claim could be left without uninsured motorist coverage. Therefore, in general, Alabama courts do not enforce any insurance policy provisions that include such “physical impact” or “corroboration” clauses.

Of course, each case is different and depends on its own circumstances. If you have a John Doe case, you should seek out an attorney immediately to assist you. The attorneys at the Law Offices of Gary O. Bruce, P.C. are always happy to review potential John Doe cases with you.