Car Accident Claims

Whether you are a passenger in the taxi, or driving your vehicle and get hit by a taxi, the aftermath may seem unclear from a legal standpoint.

Car accidents are more likely when you live in a big city. Whether you are a passenger in the taxi, or driving your vehicle and get hit by a taxi, the aftermath can be unclear from a legal point of view. Can you file a claim against a taxi driver or its company? 

The answer is, generally, yes. However, there’s more to it. Here’s what else you need to know.

Were You a Passenger in the Taxi?

When you take a taxi, you trust the driver with your physical integrity. Although taxi drivers are experienced, accidents can happen and you can get injured. Fortunately, it’s easier for a passenger to get compensation since they cannot be deemed liable for the accident. You can file a claim towards the taxi driver, the other driver involved, or even both drivers. 

Were You Hit by a Taxi While Driving or While Being a Passenger in Another Car?

If the taxi driver is found to be at fault for the accident, you can typically file a claim against them or the company they work for. In at-fault states, such as Missouri, you can file a claim even if you share the responsibility for the accident. The settlement will be calculated based on how much each of you was at fault.

Should You Pursue the Taxi Driver or the Company They Work For?

This depends on what caused the accident and who is at fault. If there was a problem with the taxi maintenance and a technical issue led to the accident, the company will generally be held liable for not keeping their vehicles safe for the users. Even if the accident was caused by pure human negligence on the part of the driver, you may be able to sue the company, as the principle of “vicarious liability” may apply (they are responsible for what their employees do while on duty).

How to File a Taxi Accident Claim?

In both scenarios, you should start gathering evidence as soon as possible, right at the scene of the accident. Collect information about the drivers who were involved, eyewitnesses, and the scene of the accident. Take pictures of the vehicle you were in, the other vehicle, and your injuries. Call the police even if the accident seems minor because hidden injuries and underestimated property damages are usually found later.

Why You Should Speak With a St. Louis Car Accident Attorney

Filing a claim is best to be done with the help of an experienced St. Louis car accident attorney since claims can get complicated very fast. An attorney will guide you through the entire process and make it easier to pursue the compensation you deserve, especially when filing a car accident claim against a taxi driver.

Appealing your car accident claim may be an option if your claim was denied. Here is what you should know about the appeals process.

Sometimes, your car accident claim doesn’t have a happy or even adequate ending. Many victims can end up with a denied claim, even if they are completely eligible, or end up with lower settlements than they are entitled to.

In these cases, one option you may have is to file an appeal and see if that resolves the issue. However, there are some things you should know about the appeal process.

It’s Not Done by an Objective Third Party

When you have an issue with your claim or final settlement, you can first make an appeal with the claims supervisor. This is a person still employed by the insurance company you filed the claim with but has different tasks than the insurance adjusters.

Part of the claims supervisor’s job is to make sure the company did not overpay or underpay for the claim. Technically, they should act as an objective party that simply analyzes the claim to see how much it is worth. However, because they work for the insurance company they are far from objective. So, it’s unlikely that the opinion of the claims supervisor will differ from that of the adjuster.

You Can Also File a Lawsuit

A lawsuit is when the true third party appeal begins, as you take the matter in front of a judge. It’s more expensive than the insurance claim route, but if you’re dealing with a denied claim and cannot convince the company to award a settlement, it may be the only remaining option.

This should generally be discussed with an experienced attorney. An experienced attorney can represent your best interests in front of a judge. It’s a stage where both parties must passionately argue in their favor to persuade the judge to rule accordingly.

If you’re not happy with how the judge ruled, you can also appeal their decision. This won’t start a new trial, but it will take your case to the Missouri Court of Appeals, which is a higher court that can either throw out your case or overrule the first judge’s decision.

You Can’t Always Appeal

In court or not, appeals are only possible when there was a mistake in assessing your claim, or if the insurance company did something wrong intentionally. You can’t file an appeal because you’re not happy with how much money you were offered, or because you think a judge may be more sympathetic to your cause. It is done only when the initial process was problematic, which affected your claim negatively. This is another reason it is important to speak with an attorney immediately following an accident.

Speak to a St. Louis Car Accident Lawyer

Reach out to a St. Louis car accident attorney for a free case consultation before you sign any document offered by the insurance company. Appeals don’t work if you agree to the terms of the company, even if they are unfavorable.

Before you accept the insurance companies’ settlement offer, there are three important things you should consider.

The aftermath of a car accident can take a toll on you emotionally and financially. A quick payout offered by the at-fault driver’s insurance company sounds like a dream. They are offering you some quick cash you can then use to get yourself back on your feet.

However, before you sign on the dotted line and accept their offer, there are three things you should consider:

1. How Much Your Case Is Worth

The insurance company knows how much your case is worth. After all, they have a lot of experience with this sort of thing. But do you?

A car accident settlement should account for:

• Medical bills
• Pain and suffering
• Property damage
• Mental health treatment
• Future medical needs related to your current injuries/conditions
• Costs you’ve added because of the accident (like car rental costs if yours cannot be used)

When you add all these costs, especially the future ones that have to be estimated, that can reach a big final amount, and there is simply no way an insurance company will offer that right in the beginning. Instead, they will usually present a lowball offer and urge you to accept it. And if you’re pressed for time, you may want to accept it, even if it’s nowhere near what you’re entitled to.

2. Those Parts the Insurance Adjuster Doesn’t Mention

The settlement document can have some clauses the insurance company won’t take the time to explain to you. One of the most damaging is a liability release.

This, if you sign it, generally means you waive your right to seek any future reimbursements or damages that may appear later in the game. So, for instance, if your medical condition worsens and you need more treatment than initially thought, you cannot go back to the insurance company and re-negotiate, even if technically you’d have this right. You should carefully read the settlement to have a full understanding of what you’re signing.

3. How Much They Insist You Should Accept the Offer

Again, the insurance company knows exactly what your case is worth. And sometimes, car accident claims can be worth a lot, which is bad news for the company. So they offer a lower settlement and try to convince you to sign it.

They may be very adamant that this is a generous offer, that they’re sympathetic to your situation, and that you should accept the offer fast. They may even threaten to pull the offer soon to give you an extra jolt. The thing is, if the insurance seems a bit desperate to get you to sign, it may be because your case is worth a lot, more than you ever thought.

Speak With an Experienced Attorney Before You Sign Anything

Don’t sign any settlement before you discuss it with an experienced attorney. Your case may be worth a lot more than the insurance company is claiming. Your attorney can review the details of you case and help you protect your right to the full amount of compensation you are entitled to.