You mostly likely have a right to go after the taxi driver and the taxi company in a civil claim for recovery of your medical expenses, as well as any pain and suffering or lost income you may have had. I would encourage you to contact a personal injury attorney in your area as soon as possible to discuss your options in more detail. Most, like myself, offer a free initial consultation and evaluation of your potential claim.
I'm sorry to hear about your accident. How are you doing now? Let me point out that you should absolutely consult with a Personal Injury attorney about this. These can be complicated claims, and the insurance company has teams of lawyers to throw roadblocks up in front of you, so that they don't have to pay you.
To answer your question, you (again, I suggest you use a lawyer) would make the claim against the driver's personal insurance and the cab company's insurance carrier. Really, there's a lot more to it than that, though.
The general process requires getting copies of all your medical bills, pay records, and billing for all expenses related to your accident. I'd also ask for medical records showing any pre-existing conditions. Those records need to be organized so that you can use them as attachments to your Settlement Demand.
The Settlement Demand is a letter to the insurance company that describes your life before the accident, describes the accident, and describes your life after the accident. The Demand also indicates how much money you want. There are services that will provide information about similar case settlement amounts, so that you know whether you're asking for a fair amount.
Insurance companies plug your Demand into their computer and use software to tell them what the claim is worth. You need an experienced PI Attorney to ensure that you use the right words and medical language. If you don't, your claim will not be worth as much to the insurance company, which means they will pay you less.
Incidentally, your own under insured and uninsured motorist coverage should also be contacted as you might have a valid claim there also.
Your medical insurance will want to be reimbursed for bills they paid on your behalf. Your attorney would be able to negotiate with them to, perhaps, put some more money in your pocket.
I'm resuming a week long trial tomorrow, so I'm sorry I don't have time to write more. Feel free to call me on my cell phone at 253-592-2812 after 5p tomorrow and I can give you some more information.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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