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Road rage car accident
I need to know if I have an insurance claim. Last May my son was riding in a taxi cab with 3 of his friends in California. A car was in the process of pulling out of a side street when the taxi had to make evasive actions to avoid an accident with him.
That car followed the taxi 2 blocks to its designation. The man driving the car pulled up so close to the left of the taxi that it blocked passengers from exiting the drivers side.
He then exited the car ran around and started yelling at the passenger of the front seat who was in the process of paying the taxi driver; claiming he was flipped off.
The passenger told him he didn't know what he was talking about and tried to calm the man, but the man hit him from the backside before he could stand all the way up from being bent over in the cab. He fell into the taxi.
His eye tooth was broke on the backside and pushed through his lip. The man then went up their driveway and hit my son (who was 75 Lbs less than him) so hard in the side of the head that he died 5 days later after being in a coma.
The next passenger was getting out of the cab and going the other direction when he heard a woman's voice yell from the man's car, "Leave him alone, let's go." That passenger turned and saw the man running from the driveway to his car.
He tried to chase him but was only able to kick the back side of the car (making a scuff) as the car pulled away. My son's friends called the police and made a report. The man didn't call the police.
In court, the man claimed self-defense; 8 of the 12 jurors made a not guilty verdict on all counts, because they didn't look at the physical evidence. There was an extensive search for the taxi driver by my son's friends and the police but he was not found-assumed illegal alien from Africa.
The taxi company is also unknown, as there is many private taxi companies.
There is a retrial. So, back to my question: Do you think I have an insurance claim?
I am sorry to hear about this.
You need an attorney. There is no question about that. This does not sound like a negligence claim (covered by insurance, but an intentional act – fight, disagreement, scuffle, etc – not covered by insurance unless you can show negligence).
To learn more about negligence regarding insurance vehicles, visit: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html
Again, you need to talk to a lawyer to see if there is some kind of valid insurance claim.
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