Hit by a taxi he has no insurance

[julieowen24]

What is the name of your state? What is the name of your state? Georgia

About 6 months ago I was hit by a taxi in a car park, after going through the insurance they now say they cannot claim back any money from the man as either they can't find him or he has no insurance, I had to pay $500 towards getting my car fixed that they should have got off him. Should the taxi firm be insured is it worth seeing a lawyer, I only want me money back not injuries etc just the $500. In the UK I could take him to small claims court not sure how it works in US

 

[I AM ALWAYS LIABLE]

What is the name of your state? What is the name of your state? Georgia

About 6 months ago I was hit by a taxi in a car park, after going through the insurance they now say they cannot claim back any money from the man as either they can't find him or he has no insurance, I had to pay $500 towards getting my car fixed that they should have got off him. Should the taxi firm be insured is it worth seeing a lawyer, I only want me money back not injuries etc just the $500. In the UK I could take him to small claims court not sure how it works in US

My response:

For the most part, taxi drivers here in the United States are "independent contractors" and not "employees". If the taxi driver was an "independent", then you can only sue that driver. If he was an "employee", then you could sue him and/or the taxi company.

So, you need to find out what that driver's status was on the date of the accident.

IAAL

 

[julieowen24]

Thankyou,

Could I then sue the taxi firm if he was an independent for letting someone with no insurance drive one of their cars

 

[I AM ALWAYS LIABLE]

Thankyou,

Could I then sue the taxi firm if he was an independent for letting someone with no insurance drive one of their cars

My response:

The word "independent" means just that. If the driver's status is "independent", then the taxi company has no right, duty or obligation to make sure the driver is insured.

All the company does is "rent" the vehicle to the driver and, perhaps, give the driver customer pick up calls. It's up to the driver to determine his own hours of operation, and determine his own income. The company has nothing to do with how the driver earns his money; only that the driver pays his vehicle rental fee.

Call the taxi company to find out where the driver might be, and whether he's an employee or an independent.

IAAL

 

[stephenk]

A licensed taxi company has to insure their vehicles or post a bond with the state to cover accident claims. That's how it is in California.

You can sue the taxi company in small claims court since they are the registered owners of the cab (better make sure). You can also call your city's taxi licensing bureau for information on the driver. if he is a licensed driver whoever he works for, even as an independent, will have to report his license use with the taxi bureau.