Answers to Personal Injury, Wrongful Death, and Car Accident Questions
Q: I was involved in a San Diego car accident with a taxi where my vehicle was t-boned in a side impact. I have already settled with the insurance company for the taxi company. Can I sue the taxi company for the negligence of the taxi driver?
A: Probably not.
When you filed your claim against the insurance company for the taxi cab company, they most likely were negotiating to settle your claims for property damage and bodily injury against the taxi company and their driver. Taxi cab drivers are usually independent contractors. However, they are typically covered under the taxi company's insurance policy.
Under California law, you cannot collect twice for the same injury. You are entitled to only one set of compensation payments, whether they come from the taxi cab company or the driver. Once you have been fully compensated, that is it. You are not entitled to any more money for your injuries.
However, there are exceptions if you did not receive full compensation by the taxi cab company and you did not settle your claim against the driver. In that case, you can recover the difference between what you have been paid and what your personal injury claim is worth from the driver.
The Jurewitz Law Group is a San Diego personal injury law firm representing people injured in car accidents, motorcycle crashes, slip and fall injuries, dog bite attacks, pedestrian accidents, and bicycle accidents. Their personal injury office is located in Downtown San Diego, has offices in Carlsbad, California, and serves all of San Diego County including the following cities and towns:
San Diego, Chula Vista, Escondido, Oceanside, Vista, San Marcos, El Cajon, Carlsbad, Poway, Encinitas, La Mesa, Santee, National City, Imperial Beach, Lemon Grove, Coronado.
