If taking a taxi cab through Dallas, Texas ends in a car accident, you may not know where to turn for financial reimbursement for your medical bills. Unlike a typical car accident claim, you will have more than just the driver of the vehicle to contend with. You may also have the right to file a claim against the taxi company or other parties. Find out who is liable for your taxi cab accidents to better understand your legal rights.

Texas Is a Fault State

Determining liability, or financial responsibility, for an automobile accident starts with understanding the insurance law in your state. Texas, like most states, uses a tort-based insurance law. This means that the party responsible for paying for an auto accident is the one most at fault for causing the wreck.
In a no-fault state, on the other hand, all drivers seek reimbursement from their own insurance providers, regardless of who caused the crash. Texas’s fault law means that you have the right to seek compensation from someone else’s insurance provider rather than your own. However, you or your attorney will need to prove fault using clear and convincing evidence to obtain compensation.

Who Is Responsible When a Taxi Cab Crashes?

A taxi cab accident is unique in that it involves more than just the driver of the cab. It also involves the taxi company. In the taxi industry, drivers are typically classified as employees. This means that the taxi cab company accepts responsibility (vicarious liability) for its drivers and the car accidents that they cause, in most cases.
An investigation will be necessary to determine who or what caused your taxi cab accident. If a taxi driver caused your crash, such as by distracted driving, speeding or violating a traffic law, you can most likely hold the taxi company liable. You may also be able to file a claim against the taxi company if its own mistake caused or contributed to the crash. For example, if the taxi company failed to properly background-check a driver, train a driver or maintain its vehicles and this caused the accident, the company is directly responsible.
If an investigation finds that someone outside of the taxi cab is responsible for causing the crash, you may be able to file a claim against that third party. If another driver broke a roadway rule and crashed into your cab while you were riding as a passenger, for example, you may be able to bring a claim with that driver’s auto insurance policy. Other potentially liable parties include an auto part manufacturer and the city or state government, depending on the circumstances.

How to Prove Fault for a Taxi Cab Accident

During an insurance claim or personal injury lawsuit for a taxi cab accident, the burden of proof rests with you – the injured victim. It is your responsibility to prove that what you are claiming is more likely to be true than not true. You or your car accident lawyer will need to collect and present evidence that shows that the defendant committed a careless act or omission, and that this was the direct cause of your taxi cab accident. You can help support your case by taking the following steps:

• Make sure someone calls the police from the scene of the accident.
• Speak to eyewitnesses and collect their information.
• Document the crash by taking photographs and videos at the scene.
• Go to a hospital immediately for medical care.
• Write down the name of the taxi company, the taxi number, the license plate number and the taxi driver’s name.

When it comes to time to file an insurance claim, a police report, photographs, copies of your medical bills and eyewitness statements can all serve as evidence to support your case and prove your losses. If you need assistance gathering evidence or fighting for maximum financial compensation for a taxi cab accident in Texas, contact an attorney.

If you get into an accident, your car may be out of service for a few days, weeks or even longer while it’s being repaired – but you will still need to get to work, doctor’s appointments, school and other places in the meantime. If you choose to rent a car, find out if and when an insurance company will pay for the rental or reimburse you for this expense in Texas.

When Does Insurance Cover a Rental Car?

First, you will need to determine which insurance company you are using for financial benefits after an automobile accident. Texas uses a fault law, meaning you will file a claim with the insurance company of the driver who caused the crash after an investigation determines fault. If you caused the crash, you will turn to your own policy for coverage. In Texas, if you only have the minimum required amounts of car insurance, it may not pay for your rental car. The required types of insurance in Texas only pay for the other driver’s expenses, not your own. Call your insurer to find out if you purchased rental car coverage.
If the other driver caused your crash, your rental car costs will most likely be covered. Rental car coverage is included in property damage liability insurance, as this pays for all of a victim’s expenses connected to an accident. The other driver’s liability coverage will pay for your travel costs and the price of renting a car while you wait for yours to get out of the shop. If the other driver is uninsured or underinsured, however, you may have no choice but to use your own insurance or try to hold a third party responsible for your rental car costs.

How to Get Your Rental Car Costs Paid

If you get into a car accident, collect as much evidence as possible. Search for evidence to prove that the other driver is at fault and proof of your losses. Take photographs while you are still at the scene of the car accident. Write a detailed description of what happened, what direction you were traveling, how fast you were going, what the weather was like and any other pertinent details. Call the police to report the accident immediately and tell the officer your side of the story.
Further along in the recovery process, you will need to provide evidence documenting your losses to the insurance company that is receiving your claim. If you had to rent a car after your car accident and used your own money, submit the receipt for the rental car with your insurance claim. If the insurance company accepts the claim, it will reimburse you for the price of the rental. The car that you choose must be similar or equivalent to the car that was damaged, however; an insurance company will not pay for a sports car rental, for example, if the damaged car is an economy vehicle.
In other cases, the insurance company handling your claim will contact you and tell you to rent a car from a specific provider and pay for it ahead of time. Many car insurance companies partner with rental car companies for this purpose. In this scenario, the insurance company would arrange for you to pick up a rental car that it has already paid for. The insurer will work directly with the rental car company to pay for your rental rather than you paying upfront and getting reimbursed later.

Get Help From an Attorney

Getting all of your expenses paid after a car accident in Texas can be difficult as a crash victim. You may have to deal with bad-faith insurance tactics meant to take advantage of you. If you need assistance collecting financial compensation to pay for a rental car in Dallas, contact a car accident attorney. A lawyer can take over negotiations with an insurance company for you in the pursuit of fair and full reimbursement.

It is normal to feel confused, stressed or overwhelmed after a car accident. It is critical, however, to realize that what you say after a crash can make a major difference to your claim. Saying the wrong thing to an insurance company can significantly decrease or even eliminate the financial compensation that you are offered for your medical bills and property repairs. Learn what to say and what not to say to an insurance claims adjuster to protect your rights.

What Are Insurance Claims Adjusters? What Are Their Goals?

An insurance claims adjuster is a person assigned to assess a claim by an insurance company. This person might work for the insurance company or have been hired from a third-party company. The claims adjuster is not on your side. The adjuster has been hired to try to save the insurance company money by minimizing client payouts. This is important to know when dealing with the claims adjuster or other representatives from the insurance company – they do not have your best interests in mind.

What to Say When Speaking to a Claims Adjuster After a Car Accident

You may receive a phone call from an insurance claims adjuster the day of or day after your car accident. Insurance adjusters often try to contact victims early, before they fully understand what happened and how the crash will impact them in the future (e.g., the severity of their injuries and the cost of necessary medical care). This is a tactic often used to get the claimant to say something early on that could hurt his or her ability to recover compensation.
Use the following tips when talking to a claims adjuster:

• Prepare ahead of time by collecting copies of your police report and writing down everything you can remember about the accident.
• Ask for the adjuster’s name, phone number and the name of the insurance company at the beginning of your conversation.
• Proceed with caution. Give short and simple responses.
• Only answers the questions asked; do not offer any additional information.
• Stick to the truth. Do not embellish or speculate.
• If you think saying something might incriminate you, don’t say it.
• If you don’t know the answer to a question, don’t guess – simply say you don’t know.
• If you don’t wish to answer a question, say this. You are not obligated to tell the adjuster anything that you don’t want to.
• Mention that you plan on hiring an attorney.

Record your conversation with the adjuster or take notes immediately afterward. If you don’t feel comfortable talking to the insurance claims adjuster on your own or don’t want to deal with the stress of these conversations after a car accident, hire a car accident lawyer to do so for you. Having a lawyer represent you during negotiations with an insurance company can guarantee that your rights are protected.

What Not to Say to an Adjuster

The adjuster will most likely be friendly and polite during your conversation – a tactic to get you to trust them. Be polite, but firm. Always put yourself and your legal rights first. Never say any of the following things, as it could hurt your right to recover compensation:

• “The car accident was my fault,” or, “I’m sorry.”
• “I think I’m partially to blame.”
• “I wasn’t wearing a seat belt.”
• “I feel fine,” or, “I’m doing well.”
• “I don’t think I have any injuries.”
• “Yes, you can record me,” or, “Yes, I’ll give a recorded statement.”
• “You have my permission to access my medical records.”

It is also important not to accept the very first settlement offer. There is a high likelihood that the offer is less than you deserve. Instead, hire a personal injury attorney to help you negotiate a fair settlement with the insurance provider on your behalf. An attorney can help you with every stage of the insurance claims process, from beginning to end.

A lot may be going through your mind after a car accident. It can be easy to forget what you are required to do by law, such as reporting the accident to the police, in some cases. Although you do not need to report every car accident in Texas, you are legally obligated to report serious collisions. Learn the law so that you know when to call 911 after a crash.

Reporting Requirements in Texas

It can be important to report any car accident in Texas, even if it is minor. The police report can serve as an important piece of evidence. In Texas, however, you are only legally required to report a car accident if it is serious enough to meet the state’s threshold. This threshold is:

• Property damage valued at least $1,000 to any one vehicle.
• Any physical injuries.
• One or more fatalities.

If your car accident is serious enough, you must call 911 as soon as possible – typically from the scene of the car accident using a cell phone. Tell the police that a car accident has taken place and report any injuries, if applicable. Although state law in Texas no longer makes reporting a crash to the Texas Department of Transportation a requirement, you should still fill out the CR-2 Crash Report for your own records.

What Happens if You Don’t Report Your Accident?

Failing to report a car accident when the law requires you to could result in legal penalties or even an arrest for an alleged hit-and-run. The typical penalties are a fine of up to $5,000 and/or jail time. You may face pressure from the other driver involved in your car accident not to involve the police – especially if the other driver knows that he or she caused the crash. Do not give in to this pressure, even if the driver offers to pay you directly for your medical bills and vehicle repairs.

What Will the Police Officer Do?

Some drivers wish to avoid reporting a car accident to the police for fear of facing penalties, tickets or fines connected to the collision. While it is true that an officer may ticket a driver who violated a traffic law – such as driving recklessly or running a red light – it is still important to tell the police. Even if you were partially at fault for the crash, you may still be eligible for some financial compensation from the other driver.
Obtaining a police report can go a long way toward strengthening your insurance claim. The reporting police officer will take notes about the accident. Later, back at the police station, the officer will fill out the Peace Officer’s Crash Report (CR-3). The police report will contain important facts and information about the crash, such as the name of the other driver, a description of his or her vehicle, license plate numbers, and the date and location of the crash. It may also contain the officer’s opinion of who caused the crash.
About 10 days after your crash, you should be able to request a copy of the police report to use during the insurance process. While still at the scene of your car accident, ask the police officer for your report number. Use this number and your personal information to request a copy of the report. Do so by calling the police station in the county where your crash took place. You may have to pay a small fee for the copy.
For assistance using your police report as part of a car accident lawsuit in Texas, contact a car accident attorney in Texas. A lawyer can help you get a copy of your report and collect other evidence to support a car accident claim. Then, your lawyer can protect your rights and take steps to collect maximum financial compensation on your behalf.

The Odds are you will be involved in a collision.

What you do after the crash is very important.

Steps to Take After a Texas Car Accident

• Call 911: Even if you think you were not injured and the damage was minimal, call the police. If for no other reason, you should call the police so that an official accident report is filed.
• Do not admit fault: Never admit to anyone at the scene of the accident that you were at fault, even if you think you were. This includes the other drivers, the police or even a bystander. In the initial aftermath, you are likely not aware of all of the factors that played into the accident.
• Driver Information: If you are able, get contact information for the other drivers. Ask for a name, address and telephone number. Also ask to see a driver’s license and insurance card. Be sure to take down the license plate number of the vehicles as well.
• Get witness information: If you are capable of doing so, get contact information for any witnesses to the accident. It can be very difficult to track down bystanders later if there is no contact information, and independent eyewitness testimony can be crucial.
• Gather physical evidence: If there is any physical evidence that might have been the cause of the accident, try and gather it while you are there. For example, if a blown tire in the roadway caused you to swerve, point it out to the authorities or pick it up and take it with you if you are able.
• Take pictures: Carrying a camera in your vehicle is always a good idea, although not always practical. Cell phones will usually do for taking photos of the scene if you are able to do so. Along with photos of the vehicles, take pictures of the surrounding area and any physical evidence that you are not able to pick up and take with you.
• Remove your belongings: Remember to remove your personal belongings from your vehicle if it is towed from the scene. Ask a paramedic to remove them if you are not able to do so yourself.
• Go to the hospital: Always accept the offer to be transported to the hospital. A car accident can cause serious internal injuries that you may not realize and that can only be identified by a physician. Along with protecting your own health, having a medical examination done immediately after the accident also helps from a legal standpoint. Your attorney will have to prove that any injuries you sustained were a result of the accident. The longer you wait to seek medical treatment, the harder it is to prove that your injuries were sustained in the crash.
• Get follow-up care: Make sure to follow-up with any recommendations made as a result of your medical examination. Again, this protects both your health and your chances of receiving compensation for your injuries.
• Summarize the accident: Shortly after the accident, sit down and write out a brief summary of the accident so that key details are not forgotten. When you are able to, return to the scene of the accident and take additional pictures or ask nearby neighbors or businesses if they witnessed the accident.
• Report accident to your insurance company: Call your insurance company and report the accident as soon as possible. Not doing so could jeopardize your right to coverage. However, do not give a written or recorded statement, even to your own insurance company, without talking to a car accident lawyer in San Antonio first.
• Do not give a statement: Once you have legal representation, the defendant’s insurance company will have to communicate with your attorney. Before that time, make sure that you do not give a statement of any kind to the other driver’s insurance company or to anyone else.
• Start a recovery journal: A car accident often results in injuries that are more subjective in nature, such as pain and suffering. In order to make a stronger case for compensating these injuries, you should begin a recovery journal. Make a note each day after the accident about the pain you are in, your inability to work and the emotional impact the accident had on you that day. This can be an invaluable tool when it comes time to negotiate a settlement or when your case is presented to a jury.
• Get Repair estimates: Obtain at least three estimates for any repairs that will need to be done to your vehicle as a result of the accident. Make sure to get a written copy of each estimate.
• Contact an attorney: Obtain legal representation as soon as possible after the accident. Important evidence and witnesses could be lost if you wait too long to obtain representation. In addition, your attorney will handle all communications with the defendant and any insurance companies involved in the accident. If you or a loved one has been in a car crash caused by another driver, our Texas car accident attorneys can help you recover the compensation you deserve. We hold careless drivers – and their insurance companies – accountable. To learn more, call us toll free at (210) 435-7968 or click HERE to use our online form. We can provide a free case evaluation and answer your questions. There is absolutely no fee unless we recover for you.