If I was hit by a cab, will the cabcompany provide a rental if my car is totaled?

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If I was hit by a cab, will the cabcompany provide a rental if my car is totaled?

I was involved in a hit and run accident with a taxi cab the police eventually found the cab and I have all the insurance info.

Asked on December 6, 2010 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can sue the cab company--or least present a claim to their insurance; if the insurer does not simply pay the claim, you'd need to sue the cab company to get them to pay--for all your damages, including property damage; medical costs; and out-of-pocket cost, such as rental car. However, the point is, you'll need to submit a claim and very likely follow it up with a legal action, to seek reimbursement. The at-fault party in an auto accident (and note: this is assuming the cab is at fault; if not at fault they don't have to pay at all) and their insurer will not automatically pay costs  or compensation. Instead, you'll need to claim against them, at which point they may voluntarily pay (e.g. if they think they;ll lose anyway) or else you'd have to sue to force them to pay. You may sue for small er amounts in small claims court.


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