If you are covered by your own personal policy of automobile insurance, you may be able to make an uninsured motorist claim for your injuries. Under Ala law, hit and run drivers are considered "uninsured" drivers. Also, if you are a covered driver under your wife's auto-policy you may still be able to make a claim for your injuries under her uninsured motorist coverage. I've included a link to our 27 page publication about Motor Vehicle Collision claims. You can download this at no charge and it offers more details about these type claims and recoverable damages. Hope this helps. Also after you've reported this incident to the insurance company, they may want to take a recorded statement from you and before doing that, please rev'w our publication on giving a recorded statement. It can also be found on the publications page of our web site. Hope this helps and feel free to contact me if you need more assistance.
In Alabama, a hit and run car that cannot be identified may be considered a "phantom vehicle." If it is considered a phantom vehicle, you can access your uninsured motorist coverage on your policy, or on any relative's policy you live with. This is another reason it is SOOOO IMPORTANT to have UNINSURED MOTORIST COVERAGE in Alabama.
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If you have uninsured motorist coverage, you should be all set. This type of coverage can be mandatory or optional, depending on the state requirements. This type of coverage usually covers you for situations like a hit and run (when you don't know who to go after because they took off), an at fault vehicle that is uninsured, or an at fault vehicle that is stolen. In all 3 scenarios, you would be an innocent victim and should be entitled to collect from the at fault party. Because you cannot given these circumstances, the law allows you to go to your own or a household policy to collect using your uninsured motorist coverage.
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