1.    If I was injured as a passenger in a yellow taxi or car service who will pay my medical bills and lost wages?

In New York under our No-Fault Law, if you were a passenger, the insurance company for the taxi cab or car service you were in must pay medical bills and lost wages up to certain amounts approved by law.  This is true whether the taxi cab or car service was at fault or not.

2.    Can I still sue for money damages over and above the legal limits for medical expenses and lost wages paid by the insurance company for the taxi cab or car service?

Yes. If you were seriously injured in a taxi cab or car service accident, you can sue that car and any other cars involved that were negligent in causing the accident.  You would have the right to start a personal injury lawsuit for your pain and suffering after the accident and into the future if you can prove permanent injuries.  You would also be able to sue for medical expenses and lost wages above the limits provided by no-fault insurance.

3.    If I was a pedestrian struck by a taxi cab or car service, do I have the same rights you described above for injured passengers?

 Yes.  Your rights are identical to passengers referred to in answer number 2.

4.    What if the taxi cab or car service was partly at fault and another driver was also at fault?

You can sue both of them if both drove carelessly and negligently causing you serious injuries.

5.    You keep using the term “serious injury”.  What does that term mean?

In New York, in order to sue in automobile accidents for pain and suffering and medical/wage claims above the no-fault limits, the law requires that you sustain a “serious injury”.  This no-fault threshold to succeed in a personal injury case involving motor vehicles requires that you sustain such injuries as a fracture, disfiguring scarring, amputation, paralysis, death.  There are also more gray area categories that are decided on a case by case basis.  Knee surgeries, shoulder surgeries, back or neck surgeries and wrist surgeries most often meet the serious injury threshold, but it will be up to a judge or jury to resolve that issue if your case cannot be resolved by settlement negotiations.

6.    How do I know if I have a “serious injury” under the legal standard in New York? 

Fractures, disfiguring scars, amputations, paralysis and death all meet the threshold of a “serious injury” in New York.  For all other injuries (head, neck, back, shoulder, knee, wrist, etc.), you should consult an attorney thoroughly familiar with and experienced in handling taxi cab and car service cases. 

7.    Will I know quickly whether or not my case is one that meets the no-fault threshold to successfully sue for my pain and suffering?

Probably not.  Other than the obvious categories (fractures, disfiguring scars, amputations, paralysis and death), injuries to the head, back, shoulder, knee and wrist often develop over time before surgery may be necessary.  It is best to consult an experienced personal injury attorney at a very early stage to determine whether your injury may meet this no-fault threshold to successfully sue for money damages.

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8.    Should I call 911 when I’m still at the scene of the taxi cab or car service accident even if the accident seems minor?

Yes.  Always call 911 if you are an injured pedestrian or passenger because you want EMS professionals to check you out immediately and transport you to a hospital if necessary.  You also want the police to come to the scene so an official record of the accident exists with all proper information such as license, registration and insurance of all drivers involved .

9.    Are there time limits to bring a lawsuit against a negligent taxi cab or car service if I am an injured passenger or pedestrian?

Yes.  Statutes of limitations apply to all personal injury, civil rights and medical malpractice lawsuits.  You should consult an experienced personal injury attorney for advice as to which time limits apply to your case.  If you file the case beyond the time limits, you will be barred forever from bringing your case (with some extremely limited exceptions) no matter how serious the negligence of the drivers and how devastating your injuries become in the future.

10.  If I get contacted directly by the insurance company for the taxi cab or car service, should I tell them my version of the accident and the extent of any injuries?

Never before consulting an attorney.  An experienced attorney will guide you as to your rights at every stage.  Speaking to the insurance company before consulting a knowledgeable attorney could allow you to be taken advantage of by an insurance company that cares about its interests, not your interests.  Remember, if you retain an experienced personal injury attorney before speaking to the insurance company for the taxi cab or car service you will have a lawyer who fights for you to protect you against large insurance companies and to make sure your rights come first, last and always.

To find out more about your rights as a victim of a taxi cab or car service accident, please call me toll free at: (877) CALL-LAW® (225-5529) or (212) 714-0988.

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