Taxi cabs are becoming less ubiquitous in these days of Uber and Lyft. Nonetheless, there are still plenty of taxis on the street, and accidents with cabs occur every day. As with any claim for negligence, all the elements required to prove a prima facie claim for negligence, (duty, breach, causation, and damages) must be established against a taxi cab driver to be successful. An experienced auto accident lawyer, like Roger Gelb, can answer that question for you.
A couple of important things to keep in mind when pursuing a claim against a taxi driver, are: (i) their carriers are notoriously slow in responding to notices of claims and (ii) there is typically minimal coverage available. For both of these reasons, it is often necessary to bring in a claimant’s own insurer if available. For example, because the taxi insurer often takes weeks to resolve the property damage claim, if a claimant has their own collision coverage available, it is typically wise to use this coverage; if such coverage is not available, be sure the claimant’s vehicle, if it is not drivable, is not incurring storage expenses, as these charges are typically not reimbursable. Also, regarding the minimal coverage component – usually available on taxi cabs – if the claimant’s injury claim has value in excess of the likely policy limits of the taxi carrier, and the claimant has coverage which exceeds that coverage, it is advisable to consider an under-insured motorist claim.
Case Study
Attorney Roger Gelb recently represented a taxi driver, who was driving his cab, when that vehicle was struck by an uninsured motorist. Unfortunately, taxi cabs rarely have uninsured motorist coverage, and did not in this instance either. Even though the cab had property damage coverage and liability coverage (some people refer to this as “full coverage”), UM or uninsured motorist coverage was not available. The only recourse was for Mr. Gelb to file suit against the uninsured driver and obtain a default judgment, which was done. It was a “default” because the defendant did not file an Answer to the Complaint, and Mr. Gelb simply put on a case for damages. The judgment, although time-consuming to enforce, was accomplished by attaching the defendant’s earnings and home.
As the case study plainly illustrates, it’s imperative that you call to discuss your case with an experienced attorney to discuss your options. D.C., Maryland, and Virginia attorney Roger Gelb and his firm have represented over 10,000 clients and have recovered in excess of $100,000,000.00 (one hundred millions dollars) since its founding in 1954. Contact us today for a free consultation.
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