Each time you hail a taxi or are a passenger in a limousine, you place a certain amount of trust in your driver. You trust they have properly maintained their vehicle. You trust they will be responsible. And most importantly, you trust they will be a safe driver. However, that trust can break. In those unfortunate cases, the passenger often has to live with the consequences of the driver’s negligence. Taxi and limousine accidents create a lot of emotional and physical trauma, as well as confusion about what to do next. That is why it is important to have a clear plan.
Filing a Third Party Insurance Claim
A passenger hurt in a taxi or limousine can file a third party insurance claim (or passenger injury claim) against one or both drivers.
Nolo states that when filing a third party insurance claim, you can usually make a claim against either of the following liability insurance policies (depending on who is at fault):
- The policy of the driver or owner of the car you were riding in at the time of the accident
- The policy of the driver or owner of the other vehicle involved in the accident
According to Nolo, two common occurrences can impact the amount of your compensation as well as the time it takes to receive that compensation:
- Both drivers in a two car accident may be at fault.
- As a result, the insurers often dispute the extent of each driver’s liability.
- The accident involves multiple passengers.
- Consequently, multiple passenger injury claims may exhaust the available insurance coverage.
Common Causes of Taxi and Limousine Accidents
Taxi and limousine drivers earn a living off of their driving, and therefore often fight more vigorously than an average driver. If you plan to bring a two car accident case to court, ensure you are able to prove the taxi or limousine driver is at fault for the accident.
Negligence
All Law states that a majority of car accidents are caused by two factors, negligence and defective cars.
Obvious negligence includes intoxicated or under the influence drivers. If the taxi or limousine driver is under the influence of medication, they can be accused of negligence. Damages a passenger or victim may receive due to negligence include:
- Past, present and future medical expenses
- This includes the cost of any ongoing therapy and disability-related expenses.
- Lost past, present and future income or diminished earning capacity
- If the car accident results in an injury that prevents you from working, you can seek compensation for this lost income and for income you may lose in the future due to your injury.
- Intangible losses like emotional pain and suffering, loss of consortium, loss of companionship or loss of guidance
- Victims of a car accident can also seek non-economic damages for pain and suffering. It is a bit more difficult to determine the amount of these damages, but they are usually capped at $750,000. In the event that the victim loses a limb, suffers from paralysis or severe burns, or if the claim is for the death of the parents of a minor child, the cap is increased to $1 million.
- Wrongful death and funeral expenses
Defective Vehicles
Taxi and limousines are more susceptible to defective or bad conditions because of their constant use and abundance of short stops and starts. Defective cars are extremely hazardous. If the vehicle is in bad condition, the company can be held accountable as well. It is important to take into consideration that many taxi and limousine drivers are independent contractors. However, have your attorney consider the following factors if the driver is employed:
- Does the taxi company own the taxi or does the driver lease/own the taxi?
- Does the driver have a valid license, insurance and training?
- Was the company aware of any reckless or dangerous driving history the driver has? Consequently, did they continue to allow the driver to operate their vehicle?
- Did the company fail to inspect or maintain the vehicle in accordance with the law?
- Was the crash a direct a result of neglecting to inspect and maintain the vehicle in accordance with the law?
Medical Expense Assistance
The NY State Department of Motor Vehicles reported 4,270 crashes involving Medallion taxicabs in 1999. Of these Medallion accidents, 3,041 involved personal injury and 10 involved fatalities. Because insurance claims can be a drawn out process, ensure you receive immediate treatment without accumulating significant medical expenses by utilizing your health insurance. Med pay coverage is another option. Med pay allows you to make a claim for medical payments under your own car insurance policy.
The Importance of Legal Funding
Car accidents can be devastating. If you are the victim in a car accident, it is important seek compensation. Until your settlement arrives, Provident Lawsuit Loans can help. We have experience funding cases for plaintiffs nationwide and will help relieve some of the financial strain until your settlement arrives. Provident provides reliable customer service as we guide you through our three step application process. With us, plaintiffs will experience complete transparency and fast cash transfer. It’s time to take control of your legal journey. Apply online or give us a call at 800-908-6860.