Will my auto insurance count me "at-fault" for being forced to collide with a railing?

Question

Here is what happened: I was coming down in a brand new high-end car at night on a curvy mountain road more or less at speed limit. (Bad idea in the first place, I know). On a sharp left turn, an SUV came around in halfway into my lane, and subsequently I was forced to swerve to the right colliding with a steel railing. The SUV driver did not even stop... The whole right side of car is damaged & must be replaced.

What can I do to get this marked as a hit & run (or at-least no fault) even though technically he didn't hit me?

Answer 1

well, your kind of in a rut. you should have gotten the liscense plate number. first you should have gotten a police report. guese there's nothing you can do there. it's 50-50 in getting them to think your not at fault(not saying you are!)

Answer 2

Sorry, but it was a 1-vehicle accident so yes you are at fault.  No one else hit you, so it's not a hit and run.

Answer 3

yep, you are 100% at fault.  The only way the other guy would have been at fault is if you actuall hit him and he was in your lane.  Hitting the railing may have saved your life, but it is all on you.  Since he didn't hit you there is no way this is going to be recorded as a hit and run.  And they will not consider it no fault or everyone would claim "not my fault" for every accident.

Answer 4

If there was no contact with the "phantom vehicle", and you did not report the accident to the police, it is very likely your insurance company will find you at fault.  It also depends on what state this loss occurred.  In some states, if a "phantom vehicle" caused the accident, then you may not be considered at fault.  However, the reference to "phantom vehicle" usually is limited to injury claims.