Getting hit by a taxi in New York City can happen in an instant. One moment you're crossing the street or riding in the back seat, and the next you're dealing with injuries, medical bills, and questions about what comes next. If you've been injured in a taxi accident, you probably want to know whether you have the right to sue and what that process looks like.
The short answer is yes, in many cases you can sue if you're hit by a taxi in New York. But there's more to it than that. New York has specific laws that affect when you can file a lawsuit, who you can sue, and what kind of compensation you might recover. Understanding these rules can help you make informed decisions about your case and protect your legal rights.
Can You Sue After Being Hit by a Taxi in New York?
Whether you can sue after a taxi accident depends on the severity of your injuries. New York operates under what's called a "no-fault" insurance system for car accidents, including those involving taxis. This system exists to make sure injured people get their medical bills and lost wages covered quickly, without having to prove who was at fault.
Under this system, your own insurance or the taxi's no-fault insurance (called Personal Injury Protection, or PIP) pays for your immediate medical expenses and lost earnings regardless of who caused the accident. For many minor accidents, this no-fault coverage is where your compensation ends.
However, if your injuries are serious enough, you have the right to step outside the no-fault system and file a lawsuit against the at-fault driver and other responsible parties. This is where things get more complicated, but also where you might recover significantly more compensation.
What Counts as a Serious Injury in New York?
New York law defines exactly what qualifies as a "serious injury" under Insurance Law Section 5102(d). This definition determines whether you can sue for pain and suffering and other damages beyond what no-fault insurance covers.
A serious injury includes:
- Death
- Dismemberment
- Significant disfigurement
- Any type of fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body part
- Significant limitation of use of a body function or system
- A medically determined injury that prevents you from performing substantially all of your usual daily activities for at least 90 days during the 180 days immediately following the accident
These categories might sound clinical, but they cover a wide range of real injuries. A broken bone qualifies as a serious injury. So does a back injury that keeps you from working, caring for your family, or doing basic daily tasks for three months. Permanent scarring on your face or body meets the threshold. So does any injury that permanently affects how your body functions.
The key is having medical documentation that proves your injury fits one of these categories. This is why seeing a doctor immediately after any taxi accident matters so much, even if you don't think you're badly hurt. Some serious injuries don't show symptoms right away, and having that early medical record can make or break your ability to sue later.
Who Can Be Held Responsible for a Taxi Accident?
One of the more complex aspects of taxi accident cases is figuring out who you can actually sue. Unlike a typical car accident where you might only sue the other driver, taxi accidents often involve multiple potentially responsible parties.
The taxi driver is the most obvious potential defendant. Every driver in New York has a legal duty to operate their vehicle with reasonable care. If the taxi driver was speeding, ran a red light, failed to yield to pedestrians, was texting while driving, or was otherwise negligent, they can be held personally liable for injuries they cause.
The taxi company or vehicle owner can also be held responsible under New York's vicarious liability laws. These laws recognize that when someone owns a vehicle and allows another person to drive it, the owner shares responsibility for how that vehicle is operated. If the driver was an employee of the taxi company and was working at the time of the accident, the company is typically liable for the driver's negligence. Even with independent contractor drivers, courts may hold the company liable depending on how much control the company exercised over the driver's work.
In practice, taxi companies are frequently named as defendants because they carry liability insurance policies that provide a source of compensation for injured people. All taxis operating in New York City must carry at least $100,000 per person and $300,000 per accident in liability coverage under Taxi and Limousine Commission rules.
Other drivers involved in the accident can also be sued. If another vehicle ran a red light and crashed into the taxi, causing you to be injured, that driver is a potential defendant. In fact, you can sue multiple parties if more than one person's negligence contributed to the accident.
In some cases, the City of New York or another government agency might be responsible. This could happen if the taxi was operated by a city agency, or if a dangerous road condition or malfunctioning traffic signal contributed to the accident. However, suing a government entity involves special procedural rules that must be followed precisely.
What Damages Can You Recover in a Taxi Accident Lawsuit?
If your injuries meet the serious injury threshold, you can pursue two main categories of damages through a lawsuit.
Economic damages cover your out-of-pocket financial losses. These include all medical expenses, both past and future. If you needed emergency room treatment, surgery, physical therapy, or ongoing care, those costs are recoverable. Lost wages from time you couldn't work are included, as well as loss of future earning capacity if your injuries affect your ability to work going forward. You can also recover costs for things like transportation to medical appointments, home modifications you need because of your injuries, and property damage like a damaged phone or clothing.
While no-fault insurance covers some of these economic damages up to policy limits (historically $200,000 in PIP coverage for New York City taxis, though requirements may change), a lawsuit allows you to recover amounts beyond what no-fault pays.
Non-economic damages are only available if you meet the serious injury threshold. These damages compensate you for the ways your injury has affected your quality of life. Pain and suffering damages account for physical pain and discomfort. Emotional distress damages address the psychological impact of the accident and your injuries. Loss of enjoyment of life compensates you for activities and pleasures you can no longer participate in. If you have permanent scarring or disfigurement, you can be compensated for that as well. Spouses of injured people can sometimes recover damages for loss of consortium, which addresses the impact on the marital relationship.
The value of non-economic damages varies widely depending on the severity and permanence of your injuries, how they affect your daily life, and the strength of the evidence supporting your claim.
How Long Do You Have to File a Lawsuit?
Time limits for filing lawsuits are called statutes of limitations, and missing these deadlines usually means losing your right to sue forever. New York Civil Practice Law and Rules Section 214 generally governs these time limits.
For personal injury claims against a taxi driver or company, you generally have three years from the date of the accident to file your lawsuit. This might seem like plenty of time, but cases take time to investigate and prepare. Medical treatment can be ongoing, and you want to understand the full extent of your injuries before settling or going to trial. Starting the legal process early gives you and your attorney more time to build a strong case.
If you're filing a wrongful death claim after someone is killed in a taxi accident, the statute of limitations is generally two years from the date of death.
These time limits are strict. Courts rarely make exceptions, even for sympathetic reasons. If you try to file your lawsuit after the deadline has passed, it will almost certainly be dismissed, and you'll lose the right to any compensation through the courts.
Special Rules for Suing Government Entities
If your case involves a government defendant, such as a city-owned taxi service or a claim that a dangerous road condition caused the accident, an entirely different set of rules applies. These rules are much stricter and the deadlines are much shorter.
Under General Municipal Law Section 50-e, you must serve a written Notice of Claim on the government entity within 90 days of the accident. This is not the lawsuit itself, but a formal notice that you intend to make a claim. The Notice of Claim must include your name and address, the nature of your claim, detailed information about when, where, and how the accident happened, and a description of your injuries and damages.
Failing to serve this Notice of Claim within 90 days can be fatal to your case. Courts sometimes grant extensions in exceptional circumstances, but this is rare and never guaranteed. If you miss the deadline, you typically lose the right to sue the government entity entirely.
After serving the Notice of Claim, you have one year and 90 days from the date of the accident to file the actual lawsuit. This is much shorter than the three-year deadline for claims against private parties.
These rules exist because the government wants early notice of potential claims so it can investigate while evidence is fresh. But they create a serious trap for injured people who don't realize they need to act so quickly. This is one of the main reasons consulting with an attorney immediately after any accident involving a government entity is so important.
What to Do Immediately After a Taxi Accident
The steps you take in the hours, days, and weeks after a taxi accident can significantly affect your ability to recover compensation later. Even if you're shaken up or in pain, there are important things you should do.
Get medical care right away. Even if you don't think you're seriously injured, see a doctor or go to the emergency room. Some injuries don't cause immediate symptoms, and having that early medical record establishes a clear link between the accident and your injuries. Insurance companies and defense attorneys often argue that delayed medical treatment means you weren't really injured in the accident, so early documentation matters.
Call 911 and ask for a police report. The responding officers will document the scene, talk to witnesses, and create an official record of what happened. Get a copy of this report. Also collect the taxi's license plate number, medallion number, the driver's name and contact information, and the taxi company's name. If there were witnesses, get their contact information too.
Document everything you can. Take photos of your injuries, the accident scene, any damage to vehicles or property, and anything else that seems relevant. These photos can be valuable evidence later. Keep all your medical bills, receipts for out-of-pocket expenses, pay stubs showing lost wages, and any other documentation related to the accident and your injuries.
File a no-fault insurance claim within 30 days of the accident. This gets your immediate medical bills and lost wages covered while you figure out whether you have a case for additional damages. The taxi's insurance company should provide the necessary forms, but an attorney can help you with this process.
Consult with a personal injury attorney as soon as possible. An experienced New York personal injury lawyer can evaluate whether your injuries meet the serious injury threshold, identify all potential defendants, handle the technical requirements like serving a Notice of Claim if necessary, and file your lawsuit before the statute of limitations expires. Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you recover compensation, so there's typically no upfront cost to getting legal advice.
Common Taxi Accident Scenarios
Taxi accidents happen in different ways, and the specifics of your situation affect what rights you have and what compensation you might recover.
If you were a pedestrian hit by a taxi, you can sue the taxi driver and company if they were negligent. Pedestrians have the right of way in crosswalks and at intersections, and drivers have a duty to watch for and yield to people on foot. If the taxi driver failed to stop at a red light, was speeding, or wasn't paying attention, they can be held liable for your injuries. As with any taxi accident case, your ability to sue for pain and suffering depends on whether your injuries meet the serious injury threshold.
If you were a passenger in the taxi when the accident happened, you're in a somewhat unique position. As a passenger, you're almost never at fault for the accident, which can make your case simpler in some ways. The taxi driver owed you a duty of care, and if their negligence caused the crash, you can sue both the driver and the company. If another driver caused the accident, you can sue that driver as well. Some injured passengers end up with claims against multiple parties.
If you were in another vehicle that was hit by a taxi, your case works much like any other car accident case. You can sue the taxi driver and company if they were negligent. You can also file a claim with your own insurance company if you have uninsured or underinsured motorist coverage, which can provide additional compensation if the taxi's insurance isn't enough to cover all your damages.
Understanding No-Fault Insurance Coverage
Since New York's no-fault system is so central to taxi accident cases, it's worth understanding how it actually works in practice.
When you're injured in a taxi accident, the taxi's no-fault insurance (or your own, if you were in another vehicle) pays for your medical expenses, lost wages up to a certain amount, and some out-of-pocket costs. In New York City, taxis have traditionally been required to carry at least $200,000 in no-fault coverage per person.
This coverage applies regardless of who caused the accident. You don't have to prove the taxi driver was negligent to get these benefits. You just need to file the proper paperwork within 30 days of the accident.
No-fault insurance is supposed to provide quick payment without the need for litigation. In practice, insurance companies sometimes delay payments or deny claims, but the basic idea is that you get your immediate medical bills covered while figuring out whether you have a larger case.
The trade-off for this quick payment is that you can only sue for additional damages (pain and suffering, emotional distress, full compensation for all losses) if your injuries meet that serious injury threshold. For minor injuries that heal quickly, no-fault benefits might be all you receive.
Why Legal Representation Matters in Taxi Accident Cases
Taxi accident cases involve complex legal issues, strict deadlines, multiple potential defendants, and insurance companies that have teams of lawyers protecting their interests. Trying to navigate this system alone while you're recovering from injuries puts you at a serious disadvantage.
An experienced personal injury attorney knows how to investigate taxi accidents, including obtaining the taxi's maintenance records, driver logs, and insurance information. They understand how to prove that your injuries meet the serious injury threshold with the right medical evidence and expert testimony. They can identify all potentially liable parties, which might include people or companies you wouldn't have thought of on your own. They know how to deal with insurance companies and defense attorneys who will try to minimize the value of your claim. And they understand the procedural requirements and deadlines that could destroy your case if missed.
Most importantly, a good attorney takes over the legal burden so you can focus on your recovery. Dealing with injuries is stressful enough without also trying to learn personal injury law and negotiate with insurance companies.
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Summing It Up
If you're hit by a taxi in New York, you generally have the right to sue for compensation, but that right depends on the severity of your injuries and following the proper procedures. The state's no-fault insurance system provides quick payment for medical bills and lost wages regardless of fault, but to recover additional damages for pain and suffering, your injuries must meet the legal definition of "serious injury" under New York law.
You can potentially sue the taxi driver, the taxi company, other drivers who contributed to the accident, and in some cases government entities. Each potential defendant comes with its own procedural requirements and deadlines, some of which are quite short.
The most important steps are getting medical care immediately, documenting everything about the accident and your injuries, filing a no-fault claim within 30 days, and consulting with an experienced personal injury attorney as soon as possible. The attorney can evaluate your case, explain your options, and make sure you don't miss any critical deadlines or procedural requirements.
Every taxi accident case is different, and the specific facts matter enormously to what compensation you might recover. What's clear is that understanding your rights and acting quickly to protect them gives you the best chance of fair compensation for your injuries.
