Motor vehicle accidents are common occurrences. Normally, people consider an accident between two personal vehicles. But what about taxi accidents? With so many drivers on the road, most of us have been in or at least seen a motor vehicle accident before. Where you sustain injuries, you may consider bringing a lawsuit for personal injury. If you were a passenger in a taxi at the time of the accident you may wonder what your options are or whether this changes the process at all. To summarize, the process does not change too dramatically but there are still factors you should be aware of.
How do I access treatment when I am in an accident involving the taxi I was in?
When you are involved in a car accident while a passenger in a taxi, much like any other accident in which you are a passenger you have access to something called Section B Accident Benefits through the driver’s policy of insurance. In the case of a taxi accident, you would thus get access to these through the taxi’s policy. This portion of any insurance policy is what pays for and provides treatment for yourself within certain parameters.
The standard auto-policy in Alberta provides access to up to $50, 000.00 to pay for medically necessary treatments. Medically necessary meaning the treatment is doctor prescribed. You have access to this fund to provide treatments for 2 years following the accident. Treatments such as physiotherapy are unlimited within this timeframe and the overall $50, 000.00 limit, as long as your doctor says it’s still required. Chiropractic treatment is limited to $1000.00, massage is limited to $350.00, and acupuncture is limited to $350.00.
You will have to contact the insurer of the taxi and inquire about accessing accident benefits under the policy to gain access to these treatments, you will be required to submit an AB-1 form (which is available online through the Government of Alberta) detailing your condition and the accident. Attendance for treatment is very important to be able to recover from your injuries as well as build a strong case. Otherwise, you may run into issues with something called failure to mitigate, which implies you have failed to seek adequate treatment to improve your condition. This can harm the compensation you will be entitled to at the conclusion of your case.
It is important to note that when you contact the insurer it is important you clarify who you are speaking to. You want to be talking to the accident benefits adjuster, as opposed to the bodily injury adjuster.
Who would I Sue in a Taxi Accident?
This will depend strongly on the facts of the case, if the driver of the taxi was doing something to cause the accident such as texting while driving or running a red light, they may be the party you would be bringing the lawsuit against.
If the taxi you are in is hit by another driver who engaged in an action which caused the accident, such as running a red light, you might sue that driver.
Alternatively, perhaps both the taxi driver and the other driver engaged in conduct which contributed to the accident. For example, perhaps the taxi driver was texting while driving and as such could not take evasive action while the other party ran a red light. In such a case you would generally sue both the taxi driver and the driver of the other vehicle.
Lastly, if the taxi was struck in a hit and run accident or by a driver with no or expired insurance then you would sue the motor vehicle accident claims fund. This is a fund set up by the government which allows recovery of up to $200, 000.00 for all the victims of the collision. In this case, this would be the taxi driver, yourself, and any other passengers. This is the total pot, so it would not be access to $200, 000.00 apiece but rather $200, 000.00 total.
Is there anything else I should be aware of specifically with regard to Taxi accidents?
By and large, taxi accidents do not differ significantly from the process of any other motor vehicle accident in which you would like to pursue an action for personal injuries. As with any other accident you should report it to the police as soon as possible after the accident and attend the hospital or with your doctor to report what happened and your injuries.
James H. Brown and Associates is Here To Help You After Your Taxi Accident
When you have been injured in a taxi accident, you have options! Call the heavy hitters at James H. Brown & Associates. We have significant experience when it comes to dealing with taxi accidents and are eager to get you the compensation you deserve. If you have been injured call us today! Our number is 780-428-0088, we offer free consultations and are eager to hear about the details of your case!