How Do I Receive Compensation if I Was in a Taxi Accident?
If the Accident Was Caused by the Taxi Driver’s Negligence- If the taxi driver negligently caused an accident and caused person or property injury to a passenger, the driver, or the taxi company the driver is affiliated with, is liable for damages under Article 3 of the Motor Vehicle Compensation Guarantee Act and Articles 750 and 756 of the Civil Act.
- If the taxi driver negligently caused an accident and caused person or property injury to a passenger, the passenger may be compensated through the compensation process of the taxi mutual cooperative that the driver is part of (for personal taxis, personal taxi mutual cooperative), or the driver’s insurance company. A passenger who is compensated through this process cannot make a separate claim for damages under the Motor Vehicle Compensation Guarantee Act or Civil Act.
If the Accident Was Caused by the Negligence of the Other Car’s Driver or by Combined Negligence- If there is an agreement on the proportion of negligence:
· The passenger may make a claim for damages to each of the negligent drivers in accordance with the proportion of negligence agreed upon.
· A driver responsible for the accident is liable for damages to the injured taxi passenger in accordance with Article 3 of the Motor Vehicle Compensation Guarantee Act and Articles 750 and 756 of the Civil Act, provided that if the passenger was compensated through a compensation process of an insurance company or mutual cooperative, the driver is not separately liable for damages to that extent under the Motor Vehicle Compensation Guarantee Act or the Civil Act.
- If there is a dispute over the proportion of negligence
· The passenger who was injured in the accident may make a direct claim for mutual aid payment (compensation) from the taxi’s mutual aid cooperative the taxi driver is part of (for personal taxis, the personal taxi mutual aid cooperative) (Article 10 of the Motor Vehicle Compensation Guarantee Act).
√ Sometimes, the taxi driver and the driver of the other car may deny the existence of the accident or their negligence. To prepare for this possibility, you should always secure evidence and witnesses at the scene, and report the accident to the police or your insurance company.