What to Know And Do If You Get Injured as a Passenger in a Taxi Accident
Filing for a compensation claim as a taxicab passenger is different as compared to if you were the driver. As a passenger, you aren't responsible for the crash; therefore, you won't need to prove liability when filing your claim. However, this doesn't mean that the process of getting compensated is straightforward. There are a few things you need to establish to ensure you get a fair settlement for your injuries. With this in mind, here are the top things you should know and do if you get injured as a taxi passenger.
Find Out Who is Liable for Your Injuries
For you to file a claim, you have to find out the party that is liable for your accident. In an at-fault state, you are required to file a claim with the insurance company of the driver responsible for the accident. If both drivers are responsible, file a claim with both insurance companies.
If you live in a no-fault state, you can't file a claim based on liability. You should file a Personal Injury Protection claim under your auto insurance cover. If you don't have coverage, your cab driver's insurer will pay for the damages.
Beware of Problems Associated with Taxicab Passenger Claims
As aforementioned, just because you don't need to prove liability doesn't mean your case will be straightforward. Several issues can come up during your settlement claim. These include the following:
1. Injuries Due to Failure to Wear a Seat Belt: If you were not wearing a seat belt, your state's seat belt laws might come into play. The insurance company may try to imply that your failure to buckle up exacerbated your injuries. Although failure to put on a seat belt may be illegal in some states, it doesn't exempt the driver from liability. Thus, if you file a lawsuit, the court may rule shared responsibility between you and the cab driver. Since you will be deemed responsible for some of your injuries, you may receive a lower compensation amount.
2. Disputes Over Extent of Liability: If you file a claim against both drivers, there may emerge a dispute over the extent of liability. In this case, both parties have to prove how much they were responsible for the accident. Whichever the case, ensure you get 100% compensation. This may mean the parties will share the responsibility 50/50, 60/40, or even 70/30, depending on the agreement.
3. Depletion of Insurance Cover: If there are multiple settlement claims after a taxi accident, the at-fault driver may exhaust their settlement limit. Subsequently, the insurer may try to trick you into accepting a lower settlement. If this happens, you can file a personal injury lawsuit in court and claim full damages for your injuries.
Maneuvering the settlement process after a car accident can be exhausting. Talk to an auto accident attorney for professional guidance and representation.
