Most of us are familiar with hit-and-run car accidents, where a driver causes a collision and then leaves the scene without providing contact information or assistance.
But there’s another type of incident that many drivers aren’t as familiar with: the miss and run accident. Although the name sounds similar, the details and legal implications of this situation can differ significantly.
A miss and run might not involve direct contact between two vehicles, yet it can still lead to serious crashes, injuries, and legal complications. Knowing what to do following a miss and run can help drivers protect themselves both on the road and after an incident.
What Is a Miss and Run Accident?
A miss and run accident occurs when a driver causes another vehicle to crash or take evasive action without ever making physical contact.
This often happens when one driver cuts off another, swerves into a lane unexpectedly, or runs a red light, causing the other motorist to swerve off the road or collide with an object or third vehicle.
The responsible driver may not even realize they caused an accident, or they may know and choose to keep going anyway. In either case, the result is a crash that leaves one party holding the damage while the other disappears.
These incidents are especially common on highways, at intersections, and in heavy traffic where drivers make sudden or erratic moves. For example, if a car suddenly changes lanes without signaling, forcing another driver to veer onto the shoulder or crash into a barrier, that’s a classic miss and run.
Even though the two cars never touched, the consequences are very real.
How It Differs from a Hit and Run
The main difference between a miss and run and a hit and run is contact. In a traditional hit and run, the at-fault driver physically strikes another vehicle, pedestrian, or object and then flees. In a miss and run, the at-fault driver’s actions cause an accident, but there is no direct impact between their vehicle and the one that crashes.
This difference is important because it can affect how insurance companies process the claim and whether police consider the incident a criminal offense. In some states, proving fault in a miss and run case can be more complicated, especially if there’s no eyewitness or video evidence. The lack of contact often leads to disputes about whether the other driver even knew a crash occurred.
Challenges in Proving Fault
Proving who was at fault in a miss and run accident can be tricky.
Since there is no physical evidence of contact, such as paint transfer or body damage, the victim often has to rely on circumstantial evidence. This could include dashcam footage, witness testimony, or surveillance footage taken by nearby businesses or traffic cameras.
Without strong evidence, it can be hard to convince the insurer or a court—that another driver caused the accident. Insurance companies are skeptical of claims that don’t involve direct contact, particularly in single-vehicle crashes where the driver hits a tree, curb, or guardrail.
They may question whether the accident was caused by someone else or simply by the driver’s own mistake or distraction.
In no-fault insurance states, the process can be slightly easier since a driver’s own insurance covers many initial costs regardless of who caused the crash. But for those seeking compensation beyond what no-fault benefits provide—especially for serious injuries or property damage—proving another driver’s liability becomes essential.
Insurance Coverage Considerations
Whether insurance will cover a miss and run accident depends on the type of coverage the driver carries. Collision coverage typically pays for damage to the driver’s vehicle, no matter who is at fault, but it often requires paying a deductible.
Uninsured motorist (UM) coverage, which many drivers carry for hit-and-run scenarios, may or may not apply in a miss and run depending on state laws and policy language.
Some policies require physical contact with the other vehicle for UM coverage to kick in.
Others are broader and include accidents caused by unknown drivers who leave the scene, even without a collision. Policyholders should review the fine print or talk to their insurance agent to understand what’s covered in these situations.
Drivers without collision or uninsured motorist coverage may find themselves footing the repair bill unless they can identify the other driver and prove liability. That’s why gathering evidence after the accident is so important, even if it seems minor at first.
What Should I Do After a Miss and Run?
If you’re involved in a miss and run accident, your first priority should be safety.
- Pull over, check for injuries, and call emergency services. Even if the other vehicle didn’t make contact, it’s important to file a report. Officers may be able to help track down the other driver, especially if you can provide a description or license plate number.
- Document everything you can. Take photos of the scene, your vehicle, any skid marks, and the surrounding area.
- Ask if any witnesses saw the incident and collect their contact information.
- If there are nearby businesses, they might have security cameras that recorded the event.
- Let your insurance company know as soon as possible and provide all available details.
How McCoy & Hiestand, PLC, Can Help
A miss and run accident can be just as damaging as a hit and run, even though no physical contact takes place between vehicles.
At McCoy & Hiestand, PLC, we understand that these incidents present unique challenges in terms of proof, insurance coverage, and legal response. If you’ve been involved in a miss and run, you may struggle to get compensation unless you act quickly to preserve evidence and understand your policy’s protections.
Being prepared, staying informed, and working with a legal professional can make a big difference if you ever find yourself in this unfortunate situation.
We can help.
