Generally speaking, there are two main types of taxi cab accidents. The first type of accident is when a taxi cab hits the car you’re, and the second is when you’re the passenger of a taxi cab.
Legally speaking, just because the accident involves a taxi cab, doesn’t mean you can’t make a car accident claim for injuries sustained.
Taxi Cab Hits Your Car
If you are driving a car or are the passenger of a car and a taxi cab hits you, this is a standard two-car accident case. Just like any negligence case, the individual who brings forth the claim needs to prove liability (who’s at fault) and damages (extent of injuries). In short, if you can prove that the taxi cab driver’s negligence caused the accident, you will win the case.
You Are a Passenger in the Cab
If you are the passenger of a taxi and are involved in an accident with another car, this is a standard passenger accident case. Generally speaking, passengers who are hurt in a car accident usually have an easier case than the driver because they do not have to prove liability. One driver is almost always going to be held responsible. It is nearly impossible for a two-car accident case to have no driver deemed negligent.
Gathering Evidence
Like any car accident case, the first thing you should do besides seeking medical attention is to gather the contact details of witnesses at the scene. In a car accident case, witnesses can be crucial. Next, take pictures immediately. Before leaving the scene, take pictures of the cars involved from as many angles as you can. If for some reason you do not have access to a camera, ask witnesses or anyone who has a camera to take pictures and send them to you.
It’s also important to call the police from the accident scene. Many states have laws that require the police to be called when a car accident causes bodily injury or property damage that is more than minor. In a taxi cab accident you will want the accident to be recorded as soon as possible.
Filing a Claim
As stated before, a taxi cab accident proceeds like any other type of accident claim. If you are the driver of a car and a taxi hits you, you will file a claim with the taxi’s insurance company. If you are the passenger of the car, you will file claims with all of the drivers involved unless one of the drivers is clearly not negligent.
Possible Problems in Passenger Claims
Often in these claims, there are two problems that arise. One problem is that in a two-car accident where both drivers are liable, insurance companies dispute the extent of liability for each of the drivers. The second is that multiple passenger injury claims will exhaust the available insurance. In the first scenario where both drivers are liable, insurance companies will play hardball with each other and with the injured passenger in hopes that someone will give up and take a bad settlement offer. If we assume that both drivers are at fault equally and the passenger’s claim is worth $200,000, this means that each insurance company has to pay $100,000 to settle the case.
If one of the insurance companies believes the fault isn’t equal, the case will not be settled until one of the parties agrees to accept less than what the case is worth.
In the situation where there are multiple passengers, the value of the injury claims may exceed available insurance. In this case, each of the injured persons will have to settle for less than what his case is worth.