Being hit by a taxi often leaves victims with severe injuries. In New York City, taxis rule the streets, and pedestrians and other drivers on the road must be careful to avoid a collision. If you are hit by a taxi, you might have several legal options for pursuing compensation.
Being hit by a taxi might leave you seriously hurt with no way to pay for your medical bills and other expenses. Insurance is typically a plaintiff’s first course of action. In New York, you can file a claim with your own insurance without proving fault. If insurance does not meet your needs, a lawsuit might be necessary to cover your damages.
Filing a lawsuit is not easy, and there might be multiple hurdles to clear before your case gets to court. Our New York City personal injury attorneys can help you get the compensation you rightfully deserve. Call The Carrion Law Firm at (718) 841-0083 for a free review of your case with our NYC Taxi accident lawyer.
What to Do After Being Hit by a Taxi in New York City
Immediately following a crash with a taxi, you should seek emergency medical attention. Call 911 and have dispatchers send an ambulance and law enforcement officials to the scene. Once your accident is under investigation by the police and you have received proper treatment for your injuries, you can discuss your legal options with our New York City car accident lawyers.
First, you can file an insurance claim for your accident. New York is a no-fault insurance state, so you can file a claim with your own insurance without having to prove fault. If you were hit by a taxi while walking as a pedestrian or riding a bike, and perhaps you do not have auto insurance, you can usually file a claim with the taxi’s insurance.
You may also need to file a lawsuit to get compensation for your damages. A lawsuit might be necessary to recover damages if insurance fails to compensate you adequately. Before filing, you will need to prove that you have a “serious injury” to meet New York State’s requirements for suing for auto accidents.
Of course, evidence is necessary to support your damages claim and hold the defendant liable. What kind of evidence you need and what evidence might be available will vary depending on your specific situation. Common evidence includes photos and videos from the accident scene, the other driver’s information, details regarding traffic lights and signs, and details about the location of the accident.
Before filing a lawsuit for a taxi accident, you need to think about what damages you can claim. Damages may include economic losses such as medical bills or property damages. Damages may also include non-economic or intangible losses, like your pain and suffering after the accident.
Filing an Insurance Claim After Being Hit by a Taxi in New York City
New York is a no-fault insurance state. Under this no-fault system, people involved in taxi accidents file claims with their own insurance companies rather than the other driver’s insurance. The advantage to this system is that you do not have to prove fault. The downside is that your insurance might limit the amount of money you can recover. Your insurance company and the type of policy you have would determine such a limit.
If you were a pedestrian or bike rider struck by a taxi, insurance claims might be different for you. While you are allowed to file a claim with your own auto insurance even if you were not driving at the time, not all plaintiffs have auto insurance. If you do not have any insurance, you can file a claim with the taxi’s insurance instead. Our Brooklyn personal injury lawyers can help you figure out where and how to file your insurance claim.
Filing a Personal Injury Lawsuit After Being Hit by a New York City Taxi
If you wish to file a lawsuit after being hit by a taxi in New York City, you must do so within the 3-year statute of limitations. If you do not file your case within this time, you risk losing your right to bring your claims at all.
You must also meet certain requirements. According to ISC Law § 5104(a), you must have a serious injury to file a lawsuit for a taxi accident. Under ISC Law § 5102(d), a serious injury may include the following:
- Broken bones
- Significant disfigurement
- The loss of limbs, organs, or bodily functions, and
- Any non-permanent injury that prevents you from completing ordinary daily tasks for at least 90 of the 180 days immediately following your accident.
You must also think about whom you should sue. While it is possible to sue the taxi driver that hit you, you might also be able to sue their employer. A taxi company may be more capable of paying for your damages. Generally, an employer may be liable for their employee’s negligence if that negligence occurred within the scope of the employee’s job duties.
Calculating Damages After Being Hit by a New York City Taxi
One important step to take after a taxi accident is calculating your damages. Your damages include any losses you experienced from the accident. These losses may be either economic or non-economic. How you prove your damages depends on what kind of damages you claim.
Economic damages include financial losses from your accident. Medical bills, the cost to replace damaged property, and even your lost income from missing work can be claimed as economic damages.
Non-economic damages often have devastating effects but do not come with a financial cost. Pain and suffering, both physical and emotional, are commonly claimed as non-economic damages. Our Queens personal injury attorneys can help you assess your damages.
Call Our New York City Taxi Accident Attorneys
If you were recently hit by a taxi in New York City, you can hold the driver and their employer liable. Call our Bronx personal injury attorneys for help getting compensation for your injuries and damages. Call The Carrion Law Firm at (718) 841-0083 for a free case evaluation.