Legal Question in Civil Litigation in Pennsylvania

I was rear ended by a taxi driver over a month ago. I received all the insurance information and contacted their insurance and mine right away. The insurance company of the taxi driver gave me claim number and sent out an adjuster to get an estimate. However, nothing has moved since then. I just spoke with the insurance company and they are now saying that they cannot move forward because the insured (the taxi company) has not responded to any requests for a statement and it does not look like they are going to. The driver apparently no longer works for the company. Can I sue the taxi company for the cost to fix my car and for the emergency room bill?


Asked on 6/24/14, 12:20 pm

3 Answers from Attorneys

Greg Artim Morrow & Artim, P.C.

You can sue the company for the property damage to the car, but your emergency room bill was likely paid for by your first party benefits/insurance. If it was paid by first party benefits, then it is not recoverable.

If the property damage was paid by your insurance, then you don't want to sue. It would be their job to sue via subrogation. Be careful here. If anyone else has made a payment on your behalf or for your benefit, you can get into a quandary if you pursue a claim without their knowledge. I can only answer based upon the limited facts that you provided. You really need a full consult to address issues that I have raised, and others.

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Answered on 6/24/14, 12:24 pm
Solomon Weinstein Solomon Weinstein, Esquire

I agree with the previous comments. You should consult with an attorney to discuss the issues associated with your case.

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Answered on 6/24/14, 5:38 pm

I agree with the above posts. As the taxi driver's insurance company is being difficult, you may want to pursue your first party benefits (medical bill and property damage) with your own insurance company, if you are not already doing so. For a third party claim (personal injury pain and suffering), you primarily would need to pursue the taxi driver, whose negligent driving allegedly was the cause of the accident. It would be more difficult to prove negligence on the part of the taxi company. I am not an expert on how the taxi system operates, but who owns the cab and the relationship between the driver and taxi company would be important to know. The taxi driver may be an independent contractor who only leases the medallion from the taxi company.

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Answered on 6/25/14, 6:10 am


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