Are Taxicabs Common Carriers?
If you’re injured in a car accident involving a taxicab, understanding how Virginia law treats these cases is key. The rules around liability and insurance coverage can be different than for other motor vehicles.
Taxicabs are generally thought of as being common carriers. Va. Code § 46.2-2061 states that nothing in the article regulating taxicabs is to be construed to make them a common carrier.
That doesn’t mean they’re not a common carrier. However the definition in Va. Code § 46.2-2000 states that a taxicab is a motor vehicle with the seating capacity of not more than six (6) excluding the driver which does not operate on a regular route and which is not a common carrier as defined in this chapter. The definition in the chapter of a common carrier is any person who undertakes to transport passengers for the general public by motor vehicle for compensation over the highways of Virginia.
The definitions seem to be conflicting however the definition of taxicab is fairly straightforward. As such a taxicab probably is not a common carrier.
What are the Insurance Limits Required for Taxicabs?
The Virginia Code chapter dealing with the regulation of passenger carriers says that chapter does not apply to taxicabs while operating in a jurisdiction which has an ordinance regulating and controlling taxicabs and not operating on a regular route or between fixed locations. Va. Code § 46.2-2000.1. The coverage required of taxicabs is found in Va. Code § 46.2-2057. Taxicabs are only required to have $25,000 in liability coverage. The UM/UIM limits are $25,000/$50,000. The property damage limits are $20,000.
These lower coverage limits can leave injured passengers or drivers with fewer options for recovery compared to other motor vehicle accidents. The amount of bodily injury or property damage liability coverage available from any source is credited against and reduces the amount available against an underinsured motorist. The UM/UIM coverage from the taxicab is secondary to other such available coverage.
Their UIM always comes last in priority and it gets an offset for the liability coverage. This is the compromise that was worked out in approximately 2021 when the overall insurance limits were increased. If however the at-fault motorist is uninsured because of not having the Virginia required limits, as opposed to be being underinsured, then the taxicab may not get any credit.
Consult a Virginia Car Accident Lawyer for Taxi Accidents
Call or contact us for a free consult. Also for more info on taxicabs see the Wikipedia pages. Also see the post on this site dealing with transportation network issues.
