Can you apportion fault in a car accident between a ‘phantom’ & an actual defendant?

Recovery for damages in auto accidents can be complicated when you know someone else was at fault, but you can't find the wrongdoer.

This story is reprinted with permission from FC&&S Legal, the industry’s only comprehensive digital resource designed for insurance coverage law professionals. Visit the website to subscribe.

If you drive on any U.S. highway or busy street, this scenario is familiar to you. Driver A — usually weaving in and out of traffic at high speed — slows down abruptly causing Driver B in the following car to slam on the brakes and be rear-ended by Driver C in the car behind Driver B. Sometimes, there’s a chain reaction of several cars hitting each other, but Driver A sails on down the road, unscathed.

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Steven A. Meyerowitz

Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].

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