“ 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.

Do you have “Full Coverage”?

One of the strategies of car insurance companies to make money is to get a driver signed up, making payments, and out the door on the road as quickly as possible.  Unfortunately, this often means that “by saving $100 on your car insurance” you are actually getting less than what you need.  Over and over again, we hear our clients tell us in our first meeting that they were told by their company that they have “full coverage”.  In truth, they have far from it.  Often they find out that they may have more than the minimum liability coverage but far less than “full coverage” for the situation they find themselves in after a car wreck.

In reality, “full coverage” is a myth as you can always purchase a larger policy with more coverage.  Generally, people expect when they are told they’ve paid for this insurance is that if and when they are in a wreck and injured, the insurance company will take care of them.  In our experience, “full coverage” seems to mean that the client may have collision and comprehensive coverage for damage to their car, but likely only has the state required minimum liability coverage, which in Georgia is $25,000.00.  Trust us, having the additional coverage necessary to fully insure your bodily injuries is another matter.

Why do we ask about full coverage in a meeting – because many times that “extra” coverage for “underinsured” or “uninsured” motorists can mean the difference between merely getting bills paid vs. a settlement that actually compensates someone injured in a car wreck for the disruption in their life in addition to bills.  For example, that coverage often is the only coverage available to cover a drunk driver who was uninsured.  Also, that coverage sometimes means that there is coverage over and above minimum limits.  Another issue Columbus readers should remember is that with Ft. Benning’s military population and Phenix City a stone’s throw away, many driver’s don’t even have Georgia insurance policies which can add further issues to evaluate. 

There are many aspects to your car insurance coverage to consider.  Even a small amount of “medical payments” coverage can pay doctor bills while someone is treating for an injury.   That coverage is sometimes the only medical coverage available. and can pay for expensive procedures like MRI exams and emergency room visits.

Full coverage means something different to everyone, and the important of insurance coverage is a topic we are sure to revisit again.  But for now, let our advice be clear.

Make sure you check your coverage with your agent BEFORE you have a lawyer ask you what coverage you have – because by then it is too late.

-The Attorneys of Gary O. Bruce, P.C.