Q: parked car hit and run by a cab. Driver not identified only cab company. How do I get cab company to pay for damages
Cab company won’t/can’t identify the driver. I feel the cab company should cover my damages as driver worked under their company name. I am getting nowhere. How can I get cab company to pay for my damages?
A:
Usually, the driver of a cab is an independent contractor and the cab company will not be liable for the driver's negligence. The easiest and quickest way to fix your car is to make a collision claim with your own insurance company. You will have to pay a deductible, but will get it back if your insurance company subrogates successfully against the other driver's insurance company.
Otherwise, your only remedy is to sue the cab company and to learn the cab driver's name through discovery. You can then amend the complaint to add the driver of the cab.
Tim Akpinar agrees with this answer
A: I agree with my colleague - the easiest route is a first-party claim through your own carrier. Some people are averse to that because of the deductible and the principle that they did nothing wrong. Then the alternative is to pursue the company, which is going to take time and effort, or a fee if you hire an attorney to do it. Good luck
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