Expert: Richard Hixenbaugh - 7/13/2009

Question
I live in Colorado and I was recently in an accident. I was attempting to switch lanes and the car that was in the other lane and somewhat behind me signaled that it was clear to come over. As I was in the process of switching lanes this person appeared to have a change of heart and sped up causing me to swerve back into my lane. By that time, the person in front of me had hit their brakes, so I ended up hitting them from behind. The damage to their vehicle was very minor. Mine however was a little more sever. No one was hurt and the police were not called to the scene. When I got home I filled a claim with my insurance, and I'm sure the other driver will as well. Now my first question is, while I was filling my claim the agent mentioned something about a phantom driver possibly being at fault. Now I don't know what Colorado's policy is on phantom drivers,and they mentioned that it might not really exist in Colorado. But if it is determined that the phantom driver was at fault, what will that mean for the other driver and myself? My 2nd question is, whether or not I need to report the accident to the police? My insurance said nothing about doing it and this being my first accident I don't know if I need to. If so how do I proceed with that?

Answer
Hi Mags,

Unfortunately, the phantom driver thing will not apply in this case. You attenpted to change lanes based on onother driver waving you on (he is the phantom driver). Even though someone else waves you on, if an accident occurs as a result, you are still considered to be at fault. Your insurance company will likely end up paying for the damage to the car you hit in the rear.  

As for the police report, I do not think there is any requirement to report the accidnet to the police.

I hope this helps
Richard Hixenbaugh