A taxi driver’s negligence may cause your injury. If so, you may have a case.
This article applies if a taxi driver’s carelessness caused injury to one of the following in Florida:
- Taxicab passenger
- Bicyclist, pedestrian or motorcyclist
- An occupant of another car
Who pays your medical bills and lost wages if a taxi driver causes a crash?
Who pays your medical bills if a taxi driver’s carelessness caused your injury in Florida may depend upon:
- if you were a passenger in a taxicab or the other car.
- whether you are a resident or nonresident of Florida.
- if you lived with a resident relative at the time of the crash.
- if you owned a motor vehicle at the time of the wreck.
The same is true for your lost wages.
Medical Bills and Lost Wages Example if Taxi driver’s carelessness caused another car occupant’s injury
Mike is driving a taxicab in Florida. He runs into the back of a car that Maria is driving. She owns the car and lives in Florida.
Even though Mike is at fault for the crash, Maria’s Personal Injury Protection (PIP) will pay for 80% of her medical bills up to $10,000.
Maria can also make a claim against Mike’s bodily injury (“BI”) liability insurance for the 20% and deductible that her PIP doesn’t cover.
Maria’s PIP will also pay for 60% of her lost wages up to $10,000. She can make a claim against Mike’s insurer for the other 40%.
Are taxis required to have bodily injury (BI) liability insurance in Florida?
Yes. Taxis must have a motor vehicle liability policy with minimum limits of $125,000 in bodily injury per person, $250,000 in bodily injury per incident, $50,000 in property damage liability. Florida Statute 324.032(a).
Though it has never happened to me, I know lawyers who’ve had cases against a taxi company that had no BI liability insurance.
Are Taxis required to have PIP insurance in Florida?
No. Owners of a motor vehicle used as a taxicab in Florida aren’t governed by the PIP laws. Florida Statute 627.733(b)
If a taxicab driver’s carelessness caused your injury, can you get money for pain and suffering?
Yes, if you’re injuries were caused by the accident. You do not need to meet the tort threshold. Florida Statute 627.733(b) says that the taxicab doesn’t get the threshold defense.
This most often means that you don’t need a permanent injury to be entitled to recover compensation for:
- pain and suffering
- mental anguish
- inconvenience
This is true even if you were a:
- Passenger of the taxicab
- Occupant of another car
- Pedestrian or bike rider
- On a motorcycle
This is a huge difference between a case where a taxi driver’s negligence caused your injury, and other Florida auto accident cases.
Example – Getting Pain and Suffering; No Permanent Injury Needed
Take the earlier example that I used above where a Mike, taxi driver, hit the back of Maria’s car.
A jury can award Maria damages for past and future pain and suffering even if her injury isn’t permanent. For example, if Maria claimed a herniated disc or shoulder tear, she may get money for pain and suffering even if her injury isn’t permanent.
Why don’t you need a permanent injury in order to get pain and suffering damages if a Taxi’s carelessness caused your injury?
Taxis are definitionally excluded from Florida’s no fault law. § 627.733(1)(b). In Florida, any time a tortfeasor’s vehicle is excluded from the no fault law, a claimant doesn’t have to meet the tort threshold to qualify for pain and suffering damages.
Since a taxi is excluded from the no-fault law, taxis don’t get tort exemption.
Do taxis have uninsured motorist (UM) insurance in Florida?
There is no requirement that they have uninsured motorist (“UM”) insurance. Most do not have UM insurance.
If a taxi driver’s carelessness caused your injury, is the law the same throughout Florida?
Generally speaking, yes. So if you’re hurt in Miami, Homestead, Hialeah, Coral Gables, or another part of the state, you have similar rights.
Who is the most common taxi insurance company in Florida?
I have seen or heard about Ascendant Commercial Insurance in more taxi cases that any other insurer. I settled a case for $25,000 with Ascendant where my client claimed a bruised upper arm bone (humerus). My client was riding a moped when a taxi hit him.
I am a Miami taxi accident lawyer who can represent you if someone else caused your injury anywhere in Florida. I also handle other types of accidents.
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