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The Phantom Motorist

Jeffrey S. Sieben - SiebenCarey "Know Your Rights" AttorneyJune 21, 2013

Car accidents can be caused by other drivers that do not even come into contact with your vehicle.

Minnesota law protects your right to pursue a claim for injuries that you sustain as a result of a motor vehicle collision with a phantom vehicle. Your recovery is from your own uninsured motorist automobile insurance.

The Minnesota Supreme Court issued opinions in Nadeau v. Austin Mutual Insurance Company, 350 N.W.2d 368 (Minn.1984). This case stands for the proposition that you have a right to uninsured motorist benefits when attempting to avoid an oncoming vehicle, even when no contact is made between the vehicles. The injury is related to the use of the vehicle because the individual was within a "zone of danger" causing a risk of physical impact with the vehicle.

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