I hit a taxi or bus, what should I do?
Traffic accidents are common occurrences in daily life. However, when the vehicle involved in the accident is a commercial taxi, minibus, service vehicle, or bus, the process must be handled more carefully than in a typical traffic accident involving only property damage. This is because, since these types of vehicles are used for commercial purposes, the vehicle owner or operator may claim not only for vehicle damage but also for loss of earnings, loss of access to the vehicle, and loss of commercial activity
Therefore, taking the right steps from the scene of an accident involving a taxi or bus is crucial to prevent future unfair compensation claims and enforcement proceedings.
1. First, it should be checked whether there are any injuries
The first thing to do after an accident is to check if anyone in the vehicles has been injured. If there are injuries or fatalities, the parties should not leave the scene but should instead draw up a report among themselves. In this case, medical teams and law enforcement should be notified immediately.
Especially in buses, minibuses, or shuttle vehicles carrying passengers, even a seemingly minor accident can result in injury to one of the passengers. Therefore, it is crucial to carefully assess whether the accident is limited solely to vehicle damage.
2. A traffic accident report documenting material damage must be prepared
If the accident results only in material damage and the parties agree on how the accident occurred, a traffic accident report documenting material damage can be prepared between the parties. The report should describe the accident clearly, simply, and truthfully.
The accident report should not be signed hastily; care should be taken to avoid statements that misrepresent the other party's fault. For example, statements such as "I am entirely at fault," "I accept all damages," or "I will pay for lost daily earnings" should not be included in the report. The report should only state how the accident occurred; it should not contain statements that imply prior acceptance of compensation items that will be discussed later.
3. There are situations where the police or gendarmerie should be called
Not every accident can be resolved with a simple written report between the parties. In cases of injury, death, suspicion of alcohol or drug use, lack of a driver's license, lack of vehicle insurance, or damage to public property or third parties, the traffic police or gendarmerie must be called.
In commercial taxi or bus accidents, the situation at the scene should be carefully assessed, especially since there is a possibility of passenger injury. In suspicious circumstances, it is preferable for law enforcement to prepare an official accident report rather than having the parties prepare a report among themselves.
4. Photographs and video recordings should be taken at the scene
In commercial vehicle accidents, evidence from the scene is crucial because high-cost claims may be filed later. Therefore, if possible, photographs and videos of the following should be taken after the accident:
The location of the vehicles after the accident, the areas of damage, brake marks, traffic signs, road markings, lane conditions, traffic lights, whether the road is one-way or two-way, the presence of cameras in the vicinity, and the license plate and registration information of the taxi or bus must all be recorded.
These records will constitute important evidence in the future if the fault ratio is contested or if the opposing party makes a false claim for lost earnings.
5. The insurance company must be notified within the prescribed time
After an accident, the insurance company providing mandatory traffic insurance and, if applicable, comprehensive insurance, must be notified in a timely manner. The accident report, photographs, vehicle registration certificate, driver's license, policy information, and, if available, police report should be sent to the insurance company.
Compulsory traffic insurance provides protection against damage to the other party's vehicle and certain other damages within the policy limits. However, for commercial vehicles, not all damages claimed may be automatically covered by insurance. Claims such as loss of vehicle use and loss of earnings are evaluated separately.
6. Commercial Taxi or Bus Owners Can Claim Loss of Earnings
If the vehicle involved in the accident is a commercial taxi, minibus, shuttle bus, or other vehicle, the other party may claim compensation for lost earnings due to the vehicle's inability to operate while it is undergoing repairs. In practice, this claim is referred to as "vehicle deprivation" or "loss of commercial earnings.".
However, this claim is not unlimited and automatic. The other party must prove that they actually suffered damage, how many days the vehicle was in repair, whether this period was reasonable, the vehicle's daily net income, and that the damage is related to the accident.
For example, claims of daily earnings for commercial taxis must be supported by actual income documents. Similarly, for buses or shuttle vehicles, trip records, operating licenses, income documents, repair times, and periods when the vehicle was actually out of service must be concretely presented.
7. Not every request from the other party should be accepted
In commercial vehicle accidents, the other party may sometimes make high-value claims at the scene or immediately after the accident. Pressure may be exerted with statements such as, "The vehicle is commercial, I'll lose this much money daily," "If you don't pay immediately, I'll take legal action," or "Insurance isn't enough, you'll have to pay.".
In such cases, before any payment is made, the degree of fault, the cost of damage, the repair time, the insurance coverage, and whether the claimed loss of earnings is real should be evaluated. Making a payment based solely on the verbal statement of the other party may lead to a loss of rights in the future.
8. The Fault Rate Can Be Appealed
After an accident report is prepared, insurance companies assess fault. However, the fault ratio may not always be accurately determined. Factors such as traffic signs, camera footage, road conditions, the other party's speeding violations, lane violations, or parking violations can alter the fault ratio.
The party who believes the fault ratio is incorrect can appeal to the insurance company or through relevant legal channels within the prescribed time limit. Therefore, gathering evidence from the moment of the accident is of great importance.
9. If an unfair enforcement proceeding is initiated, an objection should be filed
A commercial taxi or bus owner can initiate direct enforcement proceedings claiming loss of earnings or vehicle deprivation. In such a case, deadlines must not be missed once the payment order is served.
Objections to enforcement proceedings that are unjust or excessive must be filed within the prescribed time limit. Otherwise, the debt may become final and the risk of seizure may arise. Especially in claims for loss of commercial profit, whether the amount requested by the other party is realistic is often determined through expert examination.
10. Seeking Legal Support is Important
Commercial taxi, minibus, shuttle, or bus accidents can bring about numerous legal issues besides vehicle damage, including loss of earnings, depreciation in value, loss of vehicle use, passenger injury, and insurance disputes.
Therefore, it is important to seek legal support after an accident to ensure accurate accident reports are prepared, insurance claims are filed, fault ratios are examined, the other party's claim for lost earnings is reviewed, and timely objections are filed against unfair enforcement proceedings.
Conclusion
The most important thing to do in case of a collision with a taxi or bus is to avoid panicking and to properly collect evidence at the scene. If there are injuries, law enforcement and medical teams should be called. If there is only material damage, an accident report should be carefully prepared, photographs and video recordings should be taken, the insurance company should be notified, and every claim of the other party should not be accepted prematurely.
Commercial vehicle owners can claim compensation for lost earnings; however, this claim must be proven with concrete evidence. Payments made without determining the degree of fault, repair time, and actual damage may lead to serious legal losses in the future.